Madras High CourtCRL OP(MD)/1199/2020disposed of

Resave Mydeen v. The Deputy Superintendent Of Police

2020-01-27Honourable Mr Justice A.D.Jagadish Chandira2 pages

CRL.O.P (MD) No.1199 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.01.2020

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA CRL.O.P (MD) No.1199 of 2020

1. Resave Mydeen

2. Karthik @ Muthukumar ... Petitioners Vs 1.The Deputy Superintendent of Police, Puliyangudi, Tirunelveli District

2. The Inspector of Police Kadayanallur Police Station Tirunelveli District

3. Jeya ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the learned Special Judge (PCR), Tirunelveli to consider the bail application of the petitioners on the same day of filing in Crime No.27/2020 on the file of the 2nd respondent police station.

For Petitioners : Mr.K.Navaneetharaja 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 (PCR), Tirunelveli , 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.27 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 the possibility of misusing the pious intention of the Parliament against innocent persons, there shall be a direction to the learned Special Judge (PCR), Tirunelveli , to consider the petitioners bail application, preferably on the same day of their surrender in connection with https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL.O.P (MD) No.1199 of 2020 Crime No. 27 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 / Sub Assistant Registrar(CS-I) To 1.The Special Judge (PCR), Tirunelveli 2.The Deputy Superintendent of Police, Puliyangudi, Tirunelveli District

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

Order made in CRL.O.P (MD) No.1199 of 2020 27.01.2020 aav ES/SAR 1/28.01.2020/2P/5C https://hcservices.ecourts.gov.in/hcservices/ 2/2