Muniyasamy v. The Deputy Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.05.2020

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN 1.Muniyasamy 2.Keerthi Murugan @ Keerthi 3.Karankumar @ Karan 4.Gowtham 5.Balasubramanian @ Balu 6.Siva Mahalingam 7.Sathiyamoorthy @ Sakthi 8.Muniyasamy.

...Petitioners/Accused Nos.2 to 9

Vs 1.The Deputy Superintendent of Police, O/o.The Deputy Superintendent of Police, Mudhukulathur, 2.The Inspector of Police, Mudhukulathur Police Station, (In Crime No.216 of 2020) ...1st and 2nd Respondents/ Complainants 3.Karuppasamy ...3rd Respondent/ Defacto complainant 4.Thavamurugan 5.Dinesh ...4th and 5th Respondents/ Victim PRAYER: Criminal Original Petition is filed Under Section 482 of Criminal Procedure Code, to direct the Learned Principal District and Sessions Judge, (Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Ramanathapuram District to accept the surrender of the petitioners and consider the petitioners bail application and grant bail on the same date of surrender itself in Crime No.216 of 2020, dated 28.04.2020 on the file of the second respondent police. 1/3

For Petitioner : Mr.D.Senthil For Respondents 1 & 2 : Mr.A.Robinson, Government Advocate (Crl.side)

ORDER

Heard the learned counsel on either side.

2. The petitioners are accused in Crime NO. 216 of 2020 registered on the file of the second respondent for the offences under Sections 147, 148, 294(b), 323, 324, 506(ii) of IPC r/w 3(1) (r)(s)(2) 3(2), (Va) of SC/ST (POA) Act, 2015 and 188, 269, 270 of IPC and 3 of Epidemic Diseases Act, 1897 and 51(b) of the Disaster Management Act, 2005.

3. Notice to the respondents 3 to 5 is dispensed with. However, considering the current pandemic times, the petitioners are given eight weeks time to surrender before the Special Court and apply for bail application on the same day of surrender. The learned Special Judge is directed to consider the petitioners bail petition and dispose it of on the same day of surrender. If the Court below is inclined to grant the relief of bail to the petitioners herein, the learned Special Judge may accept two common sureties for all the accused. Since this direction will become infructuous, if the petitioners are arrested, in the meanwhile, the respondents 1 & 2 are restrained from arresting the petitioners till the expiry of the aforesaid eight weeks.

4. This Criminal Original Petition stands allowed on these terms. No costs.

Sd/- Assistant Registrar(Crl Side) // True Copy // / /2020 Sub Assistant Registrar(CS) am To 1.The Principal District and Sessions Judge, Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, 2/3

2.The Deputy Superintendent of Police, Mudhukulathur, 3.The Inspector of Police, Mudhukulathur Police Station,

4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 13.05.2020 ac(CO) TR(15.05.2020)3P 5C 3/3