Madras High CourtCRL OP(MD)/5580/2020allowed

Sham @ Samraj v. The Deputy Superintendent Of Police

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

Crl.O.P.(MD)No.5580 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.5580 of 2020 1.Sham @ Samraj 2.Ajay

...Petitioners/Accused Nos.1 & 4

Vs 1.The Deputy Superintendent of Police, Theni, Theni District.

...1st Respondent/Investigation Officer 2.The State Rep. by its The Inspector of Police, Allinagaram Police Station, Theni District.

(Cr.No.936 of 2020) ...2nd Respondent/Complainant 3.Kaviyarasan ...3rd Respondent/Defacto Complainant PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to direct the PCR Court, Theni to consider the bail application of the petitioners on the same day of surrender and dispose the same on the same date on merits and in accordance with law in Crime No.936 of 2020.

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

ORDER

The petitioners are shown as accused Nos.1 & 4 in Crime No.936 of 2020 registered on the file of the Inspector of Police, Allinagaram Police Station, Theni District, for the offences under Sections 147, 341, 294(b), 323, 324 and 506(ii) of IPC r/w Sections 3(1)(s), 3(1)(r) and 3(2)(va) 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. https://hcservices.ecourts.gov.in/hcservices/ 1/4

Crl.O.P.(MD)No.5580 of 2020 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 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 Judge, PCR Court, Theni.

2.The Deputy Superintendent of Police, Theni, Theni District.

3.The Inspector of Police, Allinagaram Police Station, Theni District.

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

Crl.O.P(MD)No.5580 of 2020 29.05.2020 AP(05/06/2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/4