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Madras High CourtCRL OP(MD)/938/2020disposed of

S.Udayakumar v. The Deputy Superintendent Of Police

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

Crl.O.P.(MD)No. 938 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. 938 of 2020 S. Udayakumar

...Petitioner/A1

Vs.

1. The State of Tamil Nadu, represented by the Deputy Superintendent of Police, Thoothukudi District.

(Crime No. 1 of 2020)

2. The Sub-Inspector of Police, Meignanapuram Police Station, Thoothukudi District.

...Respondents-1 & 2/Complainant

3. M. Mahendran ... Respondent-3/Defacto complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to issue necessary direction to the II Additional Sessions Court/PCR Court, Tirunelveli to consider and pass orders on bail application to be filed by petitioner in connection with Crime No. 1 of 2020 pending on the file of the Meignanapuram Police Station, Thoothukudi District on the same day. For Petitioner : Mr.N. Dilip Kumar For R-1 & 2 : Mr.S. Chandrasekar, Additional Public Prosecutor

O R D E R

This petition is filed to issue necessary direction to the II Additional Sessions Court/PCR Court, Tirunelveli to consider and pass orders on bail application to be filed by petitioner in connection with Crime No. 1 of 2020 pending on the file of the Meignanapuram Police Station, Thoothukudi District on the same day. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No. 938 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 the possibility of misusing the pious intention of the Parliament against innocent persons, there shall be a direction to the learned II Additional Sessions/PCR Judge, Tirunelveli, to consider the petitioner bail application, preferably on the same day of his surrender in connection with Crime No.1 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 petitioner shall surrender before the concerned jurisdictional Court within a period of fifteen days from the date of 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 II Additional Sessions Court/PCR Court, Tirunelveli.

2. The Deputy Superintendent of Police, Thoothukudi District.

3. The Sub-Inspector of Police, Meignanapuram Police Station, Thoothukudi District.

4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.N.DILIP KUMAR, Advocate ( SR-2522[F] dated 23/01/2020 ) Crl.O.P.(MD).No.938 of 2020 23.01.2020 ksa SDS(24.01.2020) 2P-6C https://hcservices.ecourts.gov.in/hcservices/ 2/2