Madras High CourtCRL OP(MD)/791/2020disposed of

M. Ramasamy v. The Superintendent Of Police

2020-01-21Honourable Mr Justice A.D.Jagadish Chandira2 pages

CRL.O.P (MD) No.791 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.01.2020

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA CRL.O.P (MD) No.791 of 2020

1. M.Ramasamy

2. R.Pathmanaban 3.S.Hariharan

4. R.Muthuraman

5. R.Kannan

6. R. Karthi

7. P.Thirumalai ... Petitioners Vs 1.The Superintendent of Police, Pudukottai, Pudukottai District

2. The Inspector of Police Viralimalai Police Station Viralimalai, Pudukottai District

3. Ponnar ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying direct the learned Special Judge, (P.C.R. Court), Pudukkottai under the SC/ST (Prevention of Atrocities) Amendment Act, 2015 to consider of the bail application on the surrender of the petitioners in connection with Crime No.6/2020, pending investigation on the file of the second respondent on merits on the same day.

For Petitioners : Mr.G.Sridharan 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 Special Judge, (P.C.R. Court), Pudukkottai under the SC/ST (Prevention of Atrocities) Amendment Act, 2015 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.6 of 2020 on the file of the 2nd respondent.

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CRL.O.P (MD) No.791 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 Special Judge, (P.C.R. Court), Pudukkottai under the SC/ST (Prevention of Atrocities) Amendment Act, 2015 , to consider the petitioners bail application, preferably on the same day of their surrender in connection with Crime No. 6 of 2020 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 (CO) // True Copy // / /2020 Sub Assistant Registrar(CS) aav To 1.The Special Judge, (P.C.R. Court), Pudukkottai under the SC/ST (Prevention of Atrocities) Amendment Act, 2015 2.The Superintendent of Police, Pudukottai, Pudukottai District

3. The Inspector of Police Viralimalai Police Station Viralimalai, Pudukottai District 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.G.SRIDHARAN, Advocate ( SR-2078[F] dated 21/01/2020 ) Order made in CRL.O.P (MD) No.791 of 2020 21.01.2020 JMN(21.01.2020) 2P : 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2