Madras High CourtCRL OP(MD)/446/2020disposed of

Maharaja v. The Deputy Superintendent Of Police

2020-01-10Honourable Mr Justice A.D.Jagadish Chandira2 pages

CRL.O.P (MD) No.446 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.01.2020

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA CRL.O.P (MD) No.446 of 2020 Maharaja ... Petitioner/Accused No.2 Vs 1.The Deputy Superintendent of Police, Adirama Pattinam Division Thiruvarur District

2. The Inspector of Police Adirama Pattinam Police Station Thiruvarur District ... Respondents 1 and 2/Complainant

3. Murugesan

...Respondent 3/Defacto Complainant

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the I Additional District and Sessions Judge (PCR Court) Thanjavur to consider the bail application to be filed by the petitioner on the same day on his surrender in connection with Crime No.293 of 2019 on the file of the 2nd respondent.

For Petitioner : Mr.S.Venkatesan For Respondents : Mr.S.Chandrasekar No.1 and 2 Additional Public Prosecutor

O R D E R

This petition is filed for a direction to direct the learned I Additional District and Sessions Judge (PCR Court) Thanjavur to consider the bail petition of the petitioner on the same day of surrender and dispose the same on merits and in accordance with law in crime No.293 of 2019 on the file of the 2nd respondent.

2. The learned Additional Public Prosecutor would submit that the petitioner herein is A2 and A1 in this case was arrested and remanded to judicial custody.

3. 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 I Additional District and Sessions Judge (PCR Court) Thanjavur, to consider the petitioner's bail application, preferably on the same day of his https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL.O.P (MD) No.446 of 2020 surrender in connection with Crime No. 293 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 petitioner 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 // True Copy // / /2020 Sub Assistant Registrar(CS) aav To 1.The I Additional District and Sessions Judge (PCR Court) Thanjavur 2.The Deputy Superintendent of Police, Adirama Pattinam Division Thiruvarur District

3. The Inspector of Police Adirama Pattinam Police Station Thiruvarur District 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.S.VENKATESAN, Advocate ( SR-1327[F] dated 10/01/2020 ) Order made in CRL.O.P (MD) No.446 of 2020 10.01.2020 KK/SAR/13.01.2020/2P-6C/ https://hcservices.ecourts.gov.in/hcservices/ 2/2