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Madras High CourtCRL OP(MD)/1616/2020disposed of

Godwin Meshak @ Godwin v. The Deputy Superintendent Of Police

2020-01-31Honourable Mr Justice A.D.Jagadish Chandira2 pages

Crl.O.P.(MD) No.1616 of 2020 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.1616 of 2020 Godwin Meshak @ Godwin ... Petitioner/Accused No.1 Vs 1.The Deputy Superintendent of Police, Nagercoil Town, Kanyakumari District 2.State The Inspector of Police Vadaseri Police Station Kanyakumari District.

(Crime No.10 of 2020) 3.Lakshmanan ... Respondents/Complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the learned II Additional District and Sessions Court [PCR], Tirunelveli to consider the bail application of the petitioner on the same day on merits in accordance with law in respect of Crime No.10 of 2020, on the file of the second respondent police.

For Petitioner : Mr.S.J.Chakkaravarthy 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 II Additional District and Sessions Court [PCR], Tirunelveli to consider the bail application of the petitioner on the same day on merits in accordance with law in respect of Crime No.10 of 2020, on the file of the second 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 II Additional https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD) No.1616 of 2020 District and Sessions Court [PCR], Tirunelveli, to consider the petitioner's bail application, preferably on the same day of his surrender in connection with Crime No.10 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 // True Copy // / /2020 Sub Assistant Registrar(CS) vsg To 1.The II Additional District and Sessions Court [PCR], Tirunelveli.

2.The Deputy Superintendent of Police, Nagercoil Town, Kanyakumari District 3.The Inspector of Police Vadaseri Police Station Kanyakumari District.

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

+1 CC to M/s.S.J.CHAKKARAVARTHY, Advocate ( SR-4049[F] dated 31/01/2020 ) Order made in CRL.O.P (MD) No.1616 of 2020 31.01.2020 al(CO) TR(03.02.2020)2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2