Madras High CourtCRL OP(MD)/5475/2020allowed

Mari @ Mariselvam v. The Deputy Superintendent Of Police

2020-05-26Honourable Mr Justice R. Pongiappan2 pages

Crl.O.P.(MD)No.5475 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.05.2020

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.5475 of 2020 1.Mari @ Mari Selvam 2.Sankili ... Petitioners/Accused Nos.4 & 5 Vs 1.The Deputy Superintendent of Police, Thirumangalam, Madurai District.

2.The Sub Inspector of Police, Kallikudi Police Station, Kallikudi Taluk, Maduari District.

(Crime No.30 of 2020)

...Respondents 1 & 2/ Complainants

3.G.Gurusamy ... 3rd Respondent / Defacto Complainant PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to direct the learned Sessions Judge (Special PCR Court), Madurai District on consider their bail application filed by the petitioners on the same day of surrender in Crime No.30 of 2020 on the file of the Sub Inspector of Police, Kallikudi Police Station. For Petitioners : M/s.M.Laxmi Mahendra For R1 & R2 : Mr.A.Robinson Government Advocate (Crl.side)

ORDER

The petitioners are shown as accused Nos.4 & 5 in Crime No.30 of 2020 registered on the file of the Sub Inspector of Police, Kallikudi Police Station, Madurai District, for the offences under Sections 147, 148, 294(b), 323, 324, 307 and 506(2) of IPC r/w Sections 3(1)(r), 3(1)(s) and 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. 2.The learned counsel appearing for the petitioners reiterated the contentions set out in the original petition. 3.Considering the present times, notice to the third respondent is dispensed with.

4.I am of the view that interest of justice will be served by permitting the petitioners to surrender before the jurisdictional Special Court within a period of eight weeks from the date of https://hcservices.ecourts.gov.in/hcservices/ 1/4

Crl.O.P.(MD)No.5475 of 2020 receipt of a copy of this order. The learned Special Judge will dispose of the petitioners' bail petition on the same day of surrender. Since this direction will become infructuous, if the petitioners are arrested in the meanwhile, the respondents 1 and 2 are restrained from arresting the petitioners till the expiry of the period of eight weeks.

5. This Criminal Original Petition is allowed on these terms. Sd/- Assistant Registrar (CS-II) // True Copy // / /2020 Sub Assistant Registrar(CS) RMI NOTE:Due to lockdown situation, soft copy of this order hosted on the website of the Court will be treated as true copy. To 1.The Sessions Judge (Special PCR Court), Madurai District. 2.The Deputy Superintendent of Police, Thirumangalam, Madurai District.

3.The Sub Inspector of Police, Kallikudi Police Station, Kallikudi Taluk, Maduari District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Crl.O.P(MD)No.5475 of 2020 26.05.2020 SMA/01/06/2020/2P/5C https://hcservices.ecourts.gov.in/hcservices/ 2/4