Madras High CourtCRL OP(MD)/1535/2023ordered

M.Kasi Sivagurunathan v. The Inspector Of Police

2023-01-27Honourable Mr Justice A.D.Jagadish Chandira4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.01.2023

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA CRL.O.P (MD) No.1535 of 2023 M.Kasi Sivagurunathan ... Petitioner Vs.

1.The State represented by The Inspector of Police, Sernthamaram Police Station, Tenkasi District.

(Crime No.9 of 2023) 2.Thangalakshmi ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the learned Additional District Sessions Judge No.II, for PCR Act, Tirunelveli to accept the surrender of the petitioner and consider his bail application on the same day on merits in relating to Crime No.9 of 2023 dated 10.01.2023 on the file of the respondent police. For Petitioner : Mr.Mathavaselvam For R1 : Mr.SS.Madhavan Government Advocate (Crl. Side) 1/4

O R D E R

This petition is filed for a direction to direct the learned Additional District Sessions Judge No.II, for PCR Act, Tirunelveli to accept the surrender of the petitioner and consider his bail application on the same day on merits in relating to Crime No.9 of 2023 dated 10.01.2023 on the file of the first respondent police.

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 Additional District Sessions Judge No.II, for PCR Act, Tirunelveli, to consider the petitioner bail application, preferably on the same day of his surrender in connection with Crime No.9 of 2023 on the file of the first 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 2/4

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. 27.01.2023 NCC:Yes./No Internet:Yes./No Index:Yes/no csm Note: Issue order copy on 02.02.2023 To 1.The Additional District Sessions Judge No.II, for PCR Act, Tirunelveli.

2.The Inspector of Police, Sernthamaram Police Station, Tenkasi District.

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

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A.D.JAGADISH CHANDIRA , J.

csm Order made in CRL.O.P (MD) No.1535 of 2023 27.01.2023 4/4