Raffiq Raja@Ravik Raja v. The Deputy Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.12.2020

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU Crl.O.P(MD)No.15372 of 2020 1.Raffiq Raja @ Ravik Raja 2.Sathish Kumar 3.Ajith 4.Kannan 5.Karthik @ Karthik Raja 6.Sanjiv @ Sanjeev Kumar 7.Sarath Kumar @ Sarath Babu 8.Kaviyarasan @ Kaviyarasu 9.Mathivanan 10.Muthu Krishnan 11.Thilakar 12.Praveen @ Praveen Kumar 13.Viknesh @ Kavashkar 14.Vasuki 15.Selvi 16.Sarath Kumar 17.Karthikai Sami @ Karthik 18.Manikandan ... Petitioners Vs.

1. The State represented by its, The Deputy Superintendent of Police, Sivagangai, Sivagangai District.

2. The Inspector of Police, Elayangudi Police Station, Sivagangai District.

(Crime No.441 of 2020)

3. Kannan ... Respondents PRAYER: Petition filed under Section 482 Cr.P.C., to direct the Sessions Judge, Special Court for Exclusive Trial of cases under SC/ST (POA) Act, Sivagangai to consider the bail application of the petitioners on the very same day of their surrender in connection with the FIR in Crime No.441 of 2020 on the file of the second respondent police station.

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For Petitioner : Mr.M.S.Jeyakarthik For R1 & R2 : Mr.V.Neelakandan Additional Public Prosecutor

ORDER

The petitioners are the accused in Crime No.441 of 2020, registered on the file of Elayangudi Police Station, Sivagangai District, for the offences under Sections 143, 341, 269, 270, 271, 506(2) of the Indian Penal Code,1860 along with Sections 3(1)(y), 3 (1)(za)(A) 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.The learned Additional Public Prosecutor(Crl.Side) appearing for the 1st and 2nd respondents, on instructions, would submit that the petitioners are the accused in this case. No previous case is pending against the petitioner and no one sustained injury in this case. A counter case has also been registered in Crime No.443 of 2020. He would further submit that he has no objection for allowing this petition.

4.Heard the learned counsel for the petitioner 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 the 3rd respondent 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 Sessions Judge, Special Court for Exclusive Trial of cases under SC/ST (POA) Act, Sivagangai within a period of eight weeks from the date of receipt of a copy of this order. The learned District 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 eight weeks.

6.This Criminal Original Petition is allowed on these terms. Sd/- Assistant Registrar (CS-III) // True Copy // / /2021 Sub Assistant Registrar(CS) ta 2/5

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 Sessions Judge, Special Court for Exclusive Trial of cases under SC/ST (POA)Act, Sivagangai

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

3. The Inspector of Police, Elayangudi Police Station, Sivagangai District.

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

+2CCs to Mr.M.s.Jeyakarthik, Advocate, SR.Nos.27305 & 27096. Crl.O.P(MD)No.15372 of 2020 23.12.2020 SS(CO) CS(04.01.2021) 3P 7C 3/5