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
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
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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
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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
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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.
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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
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