Madras High CourtCRL OP(MD)/1508/2020disposed of

Kumar @ Krishnakumar v. The Deputy Superintendent Of Police

2020-01-30Honourable Mr Justice A.D.Jagadish Chandira2 pages

Crl.O.P.(MD) No.1508 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.01.2020

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA CRL.O.P (MD) No.1508 of 2020 Kumar @ Krishnakumar ... Petitioner Vs 1.The Deputy Superintendent of Police, Samayanallur, Madurai District

2. The Inspector of Police Samayanallur Police station Madurai District ... 1st & 2nd Respondents/Complainant

3. Balamurugan ... 3rd Respondent/Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to accept the surrender of the petitioner before the Special Court for S.C./S.T. (Prevention of Atrocities) Act i.e. the 3rd Additional District and Sessions Judge at Madurai, in connection with the Crime No.7/2020 on the file of the 2nd respondent police and to consider the bail application of the petitioners on the same day.

For Petitioner : Mr.K.K.Samy For Respondents : Mr.S.Bharathi No.1 and 2 Government Advocate(Crl.Side)

O R D E R

This petition is filed for a direction to direct the Special Court for S.C./S.T. (Prevention of Atrocities) Act / 3rd Additional District and Sessions Judge at Madurai 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.7 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 persons, there shall be a direction to the Special Court for https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD) No.1508 of 2020 S.C./S.T. (Prevention of Atrocities) Act / 3rd Additional District and Sessions Judge at Madurai , to consider the petitioner's bail application, preferably on the same day of his surrender in connection with Crime No. 7 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 the receipt of a copy of this Order.

3. In view of the above, the Criminal Original Petition stands allowed.

Sd/- Assistant Registrar(AS) // True Copy // / /2020 Sub Assistant Registrar(CS) aav To 1.The Special Court for S.C./S.T. (Prevention of Atrocities) Act / 3rd Additional District and Sessions Judge at Madurai 2.The Deputy Superintendent of Police, Samayanallur, Madurai District

3. The Inspector of Police Samayanallur Police station Madurai District 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Order made in CRL.O.P (MD) No.1508 of 2020 30.01.2020 PK(CO) TR(04.02.2020)2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2