Madras High CourtCRL OP(MD)/2093/2020disposed of

Selvam @ Perumal v. The Deputy Superintendent Of Police

2020-02-07Honourable Mr Justice A.D.Jagadish Chandira2 pages

CRL.O.P (MD) No.2093 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.02.2020

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA CRL.O.P (MD) No.2093 of 2020 Selvam @ Perumal ... Petitioner/Rank not known Vs 1.The Deputy Superintendent of Police, Ponnamaravathy Police Station, Pudukottai District.

2. The Inspector of Police, Ponnamaravathy Police Station, Pudukottai District.

(Crime No.101 of 2019) .. Respondents 1&2/Complainant 3.Kumaravel .. 3rd Respondent/Defacto Complainant 4.Muthumani 5.Sivapandi .. Respondents/Respondents/Victim PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the learned District Principal Sessions Judge, Pudukottai to consider the bail application to be filed by the petitioner on the same day of his surrender in Crime No.101 of 2019 on the file of the second respondent police. For Petitioner : Mr.R.Senthil Kumar For Respondent : Mr.S.Chandrasekar Nos.1 and 2 Additional Public Prosecutor

O R D E R

This petition is filed for a direction to direct the learned District Principal Sessions Judge, Pudukottai to consider the bail application to be filed by the petitioner on the same day of his surrender in Crime No.101 of 2019 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 https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL.O.P (MD) No.2093 of 2020 misusing the pious intention of the Parliament against innocent persons, there shall be a direction to the learned District Principal Sessions Judge, Pudukottai to consider the petitioner's bail application, preferably on the same day of his surrender in connection with Crime No. 101 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.

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

Sd/- Assistant Registrar () // True Copy // / /2020 Sub Assistant Registrar(CS) To

1. TheDistrict Principal Sessions Judge, Pudukottai.

2. The Deputy Superintendent of Police, Ponnamaravathy Police Station, Pudukottai District.

3. The Inspector of Police, Ponnamaravathy Police Station, Pudukottai District.

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

+1 CC to M/s.R.SENTHIL KUMAR, Advocate ( SR-5299[F] Order made in CRL.O.P (MD) No.2093 of 2020 07.02.2020 PJL SDS (19.02.2020) 2P-6C https://hcservices.ecourts.gov.in/hcservices/ 2/2