Madras High CourtCRL OP(MD)/1164/2020disposed of

Jahabar Ali @ Jabar Ali Meeran Mydeen v. The Deputy Superintendent Of Police

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

CRL.O.P (MD) No.1164 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.1164 of 2020 Jahabar Ali @ Jabar Ali Meeran Mydeen ... Petitioner Vs 1.The Deputy Superintendent of Police, Nagercoil Kanyakumari District

2. The Inspector of Police Kottar Police Station Kanyakumari District

3. Suresh Kumar ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the learned Special Sessions Judge(PCR), Kanyakumrari at Nagercoil to consider the bail application of the petitioner on the same day of filing in Crime No.484 of 2019 on the file of the 2nd respondent police For Petitioner : 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 Sessions Judge(PCR), Kanyakumrari at Nagercoil to consider the bail petition of the petitioner on the same day of surrender and dispose the same on merits and in accordance with law in Crime No.484 of 2019 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 persons, there shall be a direction to the learned Special Sessions Judge(PCR), Kanyakumrari at Nagercoil, to consider the petitioner's bail application, preferably on the same day of his surrender in connection with Crime No. 484 of 2019 on the file of the 2nd https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL.O.P (MD) No.1164 of 2020 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 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-I) To 1.The Special Sessions Judge(PCR), Kanyakumrari at Nagercoil 2.The Deputy Superintendent of Police, Nagercoil, Kanyakumari District

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

Order made in CRL.O.P (MD) No.1164 of 2020 27.01.2020 AAV ES/SAR 1/28.01.2020/2P/5C https://hcservices.ecourts.gov.in/hcservices/ 2/2