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Madras High CourtCRL OP(MD)/957/2020disposed of

Ramachandran v. The Deputy Superintendent Of Police

2020-01-23Honourable Mr Justice A.D.Jagadish Chandira2 pages

Crl.O.P.(MD)No. 957 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.01.2020

CORAM:

THE HONOURABLE MR. JUSTICE A.D. JAGADISH CHANDIRA Crl.O.P.(MD).No.957 of 2020

1. Ramachandran

2. Thirumavalavan

3. Sivaganesan

4. Venkadesan

5. Rajasekar

6. Nadaiya @ Gnanasekar @ Gnanasekaran

7. Prem Kumar

8. Rajarajan

9. Krishnakumar

10. Saravanan @ Ramamirtham @ Ramamiruthan

11. Kumaravel @ Senthil Kumar

12. Balu @ Karunakaran

13. Sweet Kadai Sekar @ Gunasekar

14. Ganesan

15. Sathiyamoorthy

16. Sivagandhi

...Petitioners/A-1 to 7 & 10 to 18

Vs.

1. The State Rep. by its The Deputy Superintendent of Police, Papanasam, Thanjavur District.

...R-1/Investigation Officer

2. The State Rep. by its The Inspector of Police, Ammapet Police Station, Thanjavur District.

(Crime No. 11 of 2020) ...R-2/Complainant

3. Vasanthi ... R-3/Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the learned I Additional District Cum PCR Judge, Thanjavur to consider the bail application of the petitioners on the same day of surrender and dispose the same on the same date on merits and in accordance with law in Crime No. 11 of 2020 on the file of the second respondent.

For Petitioners : Mr.R. Maheswaran For R-1 & 2 : Mr.S. Chandrasekar, Additional Public Prosecutor https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No. 957 of 2020

O R D E R

This petition is filed seeking direction to the learned I Additional District Cum PCR Judge, Thanjavur to consider the bail application of the petitioners on the same day of surrender and dispose the same on the same date on merits and in accordance with law in Crime No. 11 of 2020 on the file of the second respondent.

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 I Additional District Cum PCR Judge, Thanjavur, to consider the petitioners bail application, preferably on the same day of their surrender in connection with Crime No.11 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 () // True Copy // / /2020 Sub Assistant Registrar(CS) To

1. The I Additional District Cum PCR Judge, Thanjavur.

2. The Deputy Superintendent of Police, Papanasam, Thanjavur District.

3. The Inspector of Police, Ammapet Police Station, Thanjavur District.

4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1 CC to M/s.R.MAHESHWARAN, Advocate ( SR-2692[F] dated 23/01/2020 ) Crl.O.P.(MD).No.957 of 2020 23.01.2020 ksa SDS(24.01.2020) 2P-6C https://hcservices.ecourts.gov.in/hcservices/ 2/2