Madras High CourtCRL OP(MD)/5498/2020allowed

Ranjith @ Ranjith Kumar v. The Deputy Superintendent Of Police

2020-05-29Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P.(MD)No.5498 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.05.2020

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.5498 of 2020 1.Ranjith 2.Rajendran 3.Raja 4.Periyammal 5.Sundari ... Petitioners/Accused Nos.1 to 5 Vs 1.The Deputy Superintendent of Police, Thiruppathur Sub Division, Sivagangai District.

2.The Inspector of Police, S.V.Mangalam Police Station, Sivagangai District. ... Respondents 1 & 2/Complainants (In Crime No.22 of 2020) 3.Rajendran ... Respondent No.3/Defacto Complainant 4.Marimuthu ...4th Respondent/Victim PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to direct the learned Additional District and Sessions Judge, (Special Court for Scheduled Castes and Scheduled Tribes) (Prevention of Atrocities) Act, 1989, Sivagangai 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.22 of 2020, dated 09.03.2020 on the file of the second respondent police.

For Petitioners : Mr.C.Mayilvahana Rajendran For R1 & R2 : Mr.A.Robinson Government Advocate (Crl.side)

ORDER

The petitioners are shown as accused Nos.1 to 5 in Crime No.22 of 2020 registered on the file of the Inspector of Police, S.V.Mangalam Police Station, Sivagangai District, for the offences under Sections 147, 294(b), 323, 324 and 506(ii) of IPC r/w Sections 3(1)(s) and 3(1)(r) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015. https://hcservices.ecourts.gov.in/hcservices/ 1/4

Crl.O.P.(MD)No.5498 of 2020 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 respondents 3 & 4 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 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 Additional District and Sessions Judge,(SC/ST) Sivagangai District 2.The Deputy Superintendent of Police, Thiruppathur Sub Division, Sivagangai District.

3.The Inspector of Police, S.V.Mangalam Police Station, Sivagangai District.

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

Crl.O.P(MD)No.5498 of 2020 29.05.2020 VB(05.06.2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/4