Madras High CourtCRL OP(MD)/1634/2020disposed of

Mundasamy @ Yovan v. The Deputy Superintendent Of Police

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

Crl.O.P.(MD) No.1634 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.1634 of 2020 Mundasamy @ Yovan ... Petitioner/Sole Accused Vs 1.The Deputy Superintendent of Police, Cheranmahadevi, Tirunelveli District.

2.State The Sub Inspector of police, Munnerpallam Police Station, Tirunelveli District, (Crime No.12 of 2020) ... Respondent/Complainant 3.Anitha ... Respondents/Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the learned 2nd Additional District and Sessions Judge (PCR) Court, Tirunelveli to accept the surrender of the petitioner and consider his bail application on the same day on merit relating to Crime No.12 of 2020 dated 19.01.2020. For Petitioner : Mr.M.Veilkanirjau 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 2nd Additional District and Sessions Judge (PCR) Court, Tirunelveli to accept the surrender of the petitioner and consider his bail application on the same day on merit relating to Crime No.12 of 2020 dated 19.01.2020.

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 2nd Additional District and Sessions Judge (PCR) Court, Tirunelveli to consider https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD) No.1634 of 2020 the petitioner's bail application, preferably on the same day of his surrender in connection with Crime No. 12 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 2nd Additional District and Sessions Judge (PCR) Court, Tirunelveli1.

2.The Deputy Superintendent of Police, Cheranmahadevi, Tirunelveli District.

3 The Sub Inspector of police, Munnerpallam Police Station, Tirunelveli District.

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

+1 CC to M/s.M.VEILKANIRAJU, Advocate ( SR-4385[F] dated 03/02/2020 ) Order made in CRL.O.P (MD) No.1634 of 2020 31.01.2020 al(CO) TR(03.02.2020)2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2