THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.No.7840 of 2020 and Crl.M.P.Nos.3991, 3992, 3993 & 4000 of 2020 Crl.O.P.Nos.7842 & 7843 of 2020 and Crl.M.P.Nos.3998 & 3999 of 2020 Crl.O.P.No.7841 of 2020 and Crl.M.P.Nos.3994, 3995, 3996 & 3997 of 2020 Crl.O.P.No.7840 of 2020 Thiru.Dayanidhi Maran … Petitioner full order
by
Sekar Reporter
·
May 24, 2020
[5/24, 16:22] Sekarreporter 1: Crl.O.P.Nos.7840, 7842, 7841 & 7843 of 2020 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 23.05.2020 CORAM THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.No.7840 of 2020 and Crl.M.P.Nos.3991, 3992, 3993 & 4000 of 2020 Crl.O.P.Nos.7842 & 7843 of 2020 and Crl.M.P.Nos.3998 & 3999 of 2020 Crl.O.P.No.7841 of 2020 and Crl.M.P.Nos.3994, 3995, 3996 & 3997 of 2020 Crl.O.P.No.7840 of 2020 Thiru.Dayanidhi Maran … Petitioner Vs. 1.The State, By the Sub Inspector of Police, Thudiyalur Police Station, Coimbatore 641 034. 2.Sekar … Respondents Crl.O.P.Nos.7842 & 7843 of 2020 T.R.Balu … Petitioner Vs. 1.The State, Represented by the Inspector of Police, Coimbatore Thudiyalur Police Station, Coimbatore 641 034. 2.Thiru.Anandhakumar, Sub Inspector of Police, Thudiyalur Police Station, Coimbatore 641 034. 3.K.Sekar. … Respondents 1/18 [5/24, 16:22] Sekarreporter 1: Crl.O.P.Nos.7840, 7842, 7841 & 7843 of 2020 Crl.O.P.No.7841 of 2020 Thiru.Dayanidhi Maran … Petitioner Vs. 1.The State, By the Inspector of Police, Coimbatore City Police Station, Variety Hall Road, Coimbatore 641 001. 2.Mr.Jeganathan … Respondents PRAYER in Crl.O.P.No.7840 of 2020: Criminal Original Petition filed under Section 482 of Cr.P.C., praying, to call for the records relating to the proceedings in Crime No.1415 of 2020 on the file of the Sub Inspector of Police, Thudiyalur Police Station, Coimbatore 641 034 and quash the same and allow this Criminal Original Petition. PRAYER in Crl.O.P.No.7842 of 2020: Criminal Original Petition filed under Section 482 of Cr.P.C., praying, to call for the records relating to FIR No.1415 of 2020 dated 19.05.2020 on the file of the Inspector of Police, Coimbatore Thudialur Police Station, Coimbatore, Coimbatore 641 034 and quash the same. PRAYER in Crl.O.P.No.7843 of 2020: Criminal Original Petition filed under Section 482 of Cr.P.C., praying, to enlarge the petitioner on anticipatory bail in the event of the petitioner being arrested by the 1 st respondent in connected to FIR No.1415 of 2020 on the file of the 1 st respondent. PRAYER in Crl.O.P.No.7841 of 2020: Criminal Original Petition filed under Section 482 of Cr.P.C., praying, to call for the records relating to the proceedings in Crime No.643 of 2020 on the file of the Inspector of Police, Coimbatore City Police Station, Variety Hall Road, Coimbatore 641 001 and quash the same and allow this Criminal Original Petition. Crl.O.P.No.7840 of 2020 For Petitioner : Mr.Ar.L.Sundaresan, Senior Counsel for Mr.J.Ravindran 2/18 [5/24, 16:23] Sekarreporter 1: Crl.O.P.Nos.7840, 7842, 7841 & 7843 of 2020 For R1 : Mr.A.Natarajan State Public Prosecutor Assisted by Mr.S.Karthikeyan, Additional Public Prosecutor Crl.O.P.Nos.7842 & 7843 of 2020 For Petitioner : Mr.P.Wilson Associates, Senior Counsel For R1 & R2 : Mr.A.Natarajan State Public Prosecutor Assisted by Mr.S.Karthikeyan, Additional Public Prosecutor Crl.O.P.No.7841 of 2020 For Petitioner : Mr.N.R.Elango Senior Counsel for Mr.J.Ravindran For R1 : Mr.A.Natarajan State Public Prosecutor Assisted by Mr.S.Karthikeyan, Additional Public Prosecutor COMMON ORDER Crl.O.P.Nos.7840 & 7842 of 2020 are filed by the petitioners, Mr.Dayanidhi Maran and Mr.T.R.Balu, who are the accused in Crime No.1415 of 2020 for the offence under Sections 3(1)(u) and 3(1)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities), 1989, registered by the 3/18 [5/24, 16:24] Sekarreporter 1: Crl.O.P.Nos.7840, 7842, 7841 & 7843 of 2020 informant Sekar, S/o.Kumarasamy, No.73, Annai Indira Nagar, Kavundampalayam, Coimbatore in Crime No.1415 of 2020 and the same shall be served through the respondent police and sought time for filing counter. 19.Mr.Rabu Manohar and Mr.Karthikeyan, learned counsels submitted that they may be permitted to file intervening petition for Mr.A.Muthu Palvesan of Palayankottai and Mr.Subaivasan of Tiruvelveli. Both of them had given complaint to the Commissioner of Police, Tirunelveli against the petitioners herein with similar indictment. Hence, they are permitted to serve notice and file necessary petitions subject to maintainability. 20.Considering that the petitioners are elected parliamentarians, who submitted petitions and made representations with regard to sufferings and plight of the common man due to COVID-19, the complaints appear verbatim, reproduction of each other. In view of the elaborate arguments made by the learned senior counsels and by the learned State Public Prosecutor and from perusal of the materials produced, this Court admits the quash petitions and directs the State Public Prosecutor to take notice to the informants in all Criminal Original Petitions and on the request of the State Public Prosecutor to file counter, time is granted. 15/18 [5/24, 16:24] Sekarreporter 1: Crl.O.P.Nos.7840, 7842, 7841 & 7843 of 2020 21.Post the matter on 29.05.2020, the respondent Police are directed not to take any coercive action/steps against the petitioners in all Criminal Original Petitions. 22.Crl.M.P.Nos.3997 & 4000 of 2020 in Crl.O.P.Nos.7841 & 7840 of 2020 filed by the petitioners are dismissed as not maintainable, since the petition for anticipatory bail to be filed under Section 438 of Cr.P.C. During the hearing, the Registry forwarded Crl.O.P.Nos.7844 & 7845 of 2020, anticipatory bail applications filed under Section 438 of Cr.P.C by the petitioner/Mr.Dayanithi Maran. 23.Crl.M.P.Nos.3992, 3995 & 3999 of 2020 in Crl.O.P.Nos.7840, 7841 & 7842 filed by the petitioners for dispense with the production of certified copy of FIR in Crime Nos.643 & 1415 of 2020, are ordered. 23.05.2020 Internet : Yes vv2 16/18