Madras High CourtCRL OP(MD)/1635/2020ordered

Thirumoorthy v. The Deputy Superintendent Of Police

2020-01-31Honourable Mr Justice A.D.Jagadish Chandira3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.01.2020

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA CRL.O.P (MD) No.1635 of 2020 1.Thirumoorthy 2.Suresh 3.Irulandi 4.Prakash ... Petitioners/Accused Vs 1.The Deputy Superintendent of Police, Tiruchuli, Virudhunagar District.

(Crime No78 of 2019) 2.The Inspector of Police, Veeracholan Police Station, Virudhunagar District.

(Crime No.78 of 2019) 3.Thangapandiyan ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the special Court for exclusive trial of SC/ST cases, Virudhunagar at Srivilliputhur, to consider the bail application on the same day on such terms and conditions concerned in Crime No.78 of 2019 on the file of the Veeracholan Police Station, Virudhunagar District.

For Petitioners : Mr.S.Ramsunder Vijayaraj for M/S Veera Associates 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 Special Court for exclusive trial of SC/ST cases, Virudhunagar at Srivilliputhur, to consider the bail application on the same day on such terms and conditions concerned in Crime No.78 of 2019 on the file of the Veeracholan Police Station, Virudhunagar District. 2.The learned Additional Public Prosecutor would submit that in respect of the first petitioner there are several previous 1/3

cases pending against him before the various police stations.

3. 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 Court for exclusive trial of SC/ST cases, Virudhunagar at Srivilliputhur to consider the petitioner's bail application, preferably on the same day of his surrender in connection with Crime No. 78 of 2019 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.

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

Sd/- Assistant Registrar // True Copy // / /2020 Sub Assistant Registrar(CS) vsg To 1.The Special Court for exclusive trial of SC/ST cases, Srivilliputhur, Virudhunagar.

2.The Deputy Superintendent of Police, Tiruchuli, Virudhunagar District.

3.The Inspector of Police, Veeracholan Police Station, Virudhunagar District.

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

+1 CC to M/s.VEERA ASSOCIATES, Advocate ( SR-4375[F] dated 03/02/2020 ) Order made in CRL.O.P (MD) No.1635 of 2020 31.01.2020 SCR(CO) TR(03.02.2020)3P 6C 3/3