Madras High CourtCRL OP(MD)/5553/2020allowed

Pazhaniyandi v. The Deputy Superintendent Of Police

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

Crl.O.P.(MD)No.5553 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.5553 of 2020 1.Pazhaniyandi 2.Neelam @ Neelam Ambalam 3.Mani Muthu 4.Perumal 5.Dharman @ Dharmalingam 6.Durai raj 7.Panaiyappan 8.Chinnaiah 9.Azhaguraj 10.Thangapandi @ Karthick 11.Viji @ Vijayakumar 12.Karumankadu Viji @ Vijayakumar 13.Ganesan 14.Arumugam

...Petitioners/Accused No 1 to 14

Vs 1.The Deputy Superintendent of Police, Ponnamaravathi Division, Pudukkottai District.

2.The Inspector of Police, Ponnamaravathi Police Station, Pudukkottai District.

(in Crime No.63 of 2020) ...Respondent/ Complainant 3.Pulikutti ...Respondent/Defacto Complainant 4.Rajkumar ...Respondent/Victim 5.Rajendran ... Respondent/Victim PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to direct the Special Court for trial of SC/ST Act Cases, Pudukkottai to consider the bail application to be filed by the petitioners on the same day on their surrender in connection with Crime No.63 of 2020 on the file of the second respondent. For Petitioners : Mr.C.Chandrapandi For R1 & R2 : Mr.A.Robinson Government Advocate (Crl.side)

ORDER

The petitioner are shown as accused Nos.1 to 14 in Crime No.63 of 2020 registered on the file of the Inspector of Police, https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.5553 of 2020 Ponnamaravathi Police Station, Pudukkottai District, for the offences under Sections 147, 148, 294(b), 323, 324, 342 and 506(ii) of IPC r/w Sections 3(1)(s), 3(1)(r), 3(2)(va) and 3(1)(zc) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015.

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 to 5 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 () // True Copy // / /2020 Sub Assistant Registrar(CS) Rmi To 1.The Special Court for trial of SC/ST Act Cases, Pudukkottai. 2.The Deputy Superintendent of Police, Ponnamaravathi Division, Pudukkottai District.

3.The Inspector of Police, Ponnamaravathi Police Station, Pudukkottai District.

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

Crl.O.P(MD)No.5553 of 2020 29.05.2020 KB(09/06/2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2