Madras High CourtCRL OP(MD)/609/2020ordered

Arunkumar v. The Deputy Superintendent Of Police

2020-01-13Honourable Mr Justice A.D.Jagadish Chandira2 pages

Crl.O.P.(MD) No.609 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.01.2020

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA CRL.O.P (MD) No.609 of 2020 1.Arunkumar 2.Santhoshraja ... Petitioners/A10 & A11 Vs 1.The Deputy Superintendent of Police, Ottanchathiram, Dindigul District.

2.The Inspector of Police Chathirapatti Police Station Dindigul District.

... Respondents / Complainant 3.Selvi ... 3rd Respondent / Defacto Complainant 4.Kaliyappan 5.Saraswathi 6.Nagammal 7.Durgaiammal 8.Ramakrishnan ... Respondents 4 to 8 / Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the Principal and District Sessions Judge, Dindigul to to consider the bail application of the petitioners in Crime No.100 of 2019 on the same date of surrender and dispose of the same on its merits in accordance with law. For Petitioners: Mr.T.Amjadkhan For Respondents: Mr.S.Chandrasekar Addl. Public Prosecutor (for R1 & R2)

O R D E R

This petition is filed for a direction to the learned Principal and District Sessions Judge, Dindigul to consider the bail petition of the petitioners on the same day of surrender and dispose the same on merits and in accordance with law in crime No.100 of 2019 on the file of the 2nd respondent.

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Crl.O.P.(MD) No.609 of 2020 2.In view of the specific bar under Section 18 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and also taking into consideration of the possibility of misusing the pious intention of the Parliament against innocent persons, there shall be a direction to the learned Principal and District Sessions Judge, Dindigul, to consider the petitioners bail application, preferably on the same day of his surrender in connection with Crime No.100 of 2019 on the file of the 2nd respondent and pass appropriate orders in accordance with law after affording due opportunity to the victim under Section 15(a) of the SC/ST Act. The petitioners shall surrender before the concerned jurisdictional Court within a period of fifteen days from the date of the receipt of a copy of this Order.

3. In view of the above, the Criminal Original Petition stands allowed.

Sd/- Assistant Registrar (CS-II) // True Copy // / /2020 Sub Assistant Registrar(CS) To 1.The Principal and District Sessions Judge, Dindigul. 2.The Deputy Superintendent of Police, Ottanchathiram, Dindigul District.

3.The Inspector of Police Chathirapatti Police Station, Dindigul District. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1 CC to M/s.APN LAW ASSOCIATES, Advocate ( SR-2445[F] 22/01/2020 ) Order made in CRL.O.P (MD) No.609 of 2020 20.01.2020 skn SDS(24.01.2020) 2P-6C https://hcservices.ecourts.gov.in/hcservices/ 2/2