Madras High CourtCRL OP(MD)/1101/2020disposed of

Babu @ Rathinavel Pandiyan v. The Deputy Superintendent Of Police

2020-01-24Honourable Mr Justice A.D.Jagadish Chandira2 pages

CRL.O.P (MD) No.1101 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.01.2020

CORAM

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA CRL.O.P (MD) No.1101 of 2020

1. Babu @ Rathinavel Pandiyan

2. Anthumani ... Petitioners Vs 1.The Deputy Superintendent of Police, Thiruvidaimaruthur Police Station Thanjavur District

2. The Inspector of Police Thiruvidaimaruthur Police Station Thanjavur District (Crime No.6/2020)

3. Parthipan

4. Suresh ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the I Additional District and Sessions Judge (P.C.R Court), Thanjavur to consider the bail application to be filed by the petitioners on same day of their surrender in connection with Crime No.06 of 2020 on the file of the second respondent.

For Petitioners : Mr.A.Arun Prasad 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 (P.C.R Court), Thanjavur 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.

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 https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL.O.P (MD) No.1101 of 2020 persons, there shall be a direction to the learned I Additional District and Sessions Judge (P.C.R Court), Thanjavur, 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 /TRUE COPY/ / /2020 Sub Assistant Registrar To 1.The I Additional District and Sessions Judge (P.C.R Court), Thanjavur 2.The Deputy Superintendent of Police, Thiruvidaimaruthur Police Station Thanjavur District

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

+1. C.C. to M/S.A.ARUN PRASAD, Advocate SR.No. 2847 Order made in CRL.O.P (MD) No.1101 of 2020 24.01.2020 AAV JMN/SAR 4/27.01.2020/2P/6C https://hcservices.ecourts.gov.in/hcservices/ 2/2