Mahamuni v. The Deputy Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.12.2020

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU 1.Mahamuni 2.Singaram @ Singaravelan .. Petitioners/Accused Nos.1 & 2 Vs

1. The Deputy Superintendent of Police, Musiri,

2. The Inspector of Police, Musiri Police Station, (Crime No.1730 of 2020) .. Respondents 1 & 2/Complainant 3.Edayakani .. 3rd Respondent/Defacto Complainant 4.Balamurugan 5.Srinivasan .. Respondents 4 & 5/Victim PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to direct the I Additional District Judge (Special Court for PCR cases), Trichy to consider the petitioners' bail application on the same day of their surrender in Crime No.1730 of 2020 on the file of the 2nd respondent.

For Petitioners : Mr.B.Karthikeyan For R1 & R2 : Mr.V.Neelakandan Additional Public Prosecutor (Crl.side)

O R D E R

The petitioners are arrayed as accused in Crime No.1730 of 2020, registered on the file of Musiri Police Station, Trichy District, for the offences under Sections 294(b), 323, 324 & 506(2) of IPC r/w 3(1)(r), 3(1)(s), 3(2)(va) of the Schedule Castes and Schedule Tribes (Prevention of Atrocities) Amendment Act, 1989. 2.The learned counsel appearing for the petitioners reiterated the contentions set out in the original petition. 1/3

3.The learned Additional Public Prosecutor, on instructions, would submit that totally there are 5 accused in this case. The petitioners are accused Nos.1 & 2. There is no previous case is pending against these petitioners. Accused Nos.2 & 4 were arrested and they are still in custody. Injured persons were discharged from the hospital. He would further submit that he has no objection for allowing this petition.

4.Heard the learned counsel for the petitioners and the learned Additional Public Prosecutor (Crl. Side) appearing for the respondents 1 & 2. Since no adverse order is going to be passed, notice to 3 to 5 respondents is dispensed with.

5. I am of the view that interest of justice will be served by permitting the petitioners to surrender before the learned I Additional District Judge (Special Court for PCR cases), Trichy, within a period of four weeks from the date of receipt of a copy of this order. The learned Judge will dispose of the petitioners' bail petition on the same day of surrender on its own merits. There will be a direction to the respondents 1 and 2 not to arrest the petitioners till the expiry of the period of four weeks.

6. This Criminal Original Petition is allowed on these terms. Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) vrn NOTE: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To

1. The I Additional District Judge (Special Court for PCR cases), Trichy.

2. The Deputy Superintendent of Police, Musiri, 2/3

3. The Inspector of Police, Musiri Police Station,

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

O.P(MD)No.15139 of 2020 18.12.2020 VR(CO) CS(05.01.2021) 3P 5C 3/3