Madras High CourtCRL OP(MD)/1951/2020disposed of

Arulkaleeswaran @A Rul Kalish v. The Deputy Superintendent Of Police

2020-02-05Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P.(MD) No.1951 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.02.2020

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA CRL.O.P (MD) No.1951 of 2020 Arulkaleeswaran @ Arul Kalish ... Petitioner/Accused No.2 Vs 1.The Deputy Superintendent of Police, Rameshwaram Sub Division Ramanathapuram District

2. The Inspector of Police Rameshwaram Town Police Station Ramanathapuram District

3. Balasingam ... Respondents/Complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the Principal Sessions Judge cum PCR, Ramanathapuram to accept the surrender of the petitioner and consider the bail application on merits on the date of surrender in Cr.No.6 of 2020 on the file of the 2nd respondent police. For Petitioner : Mr.B.Jammel Arasu 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 Principal Sessions Judge cum PCR, Ramanathapuram 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.6 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 learned Principal Sessions Judge cum PCR, Ramanathapuram , to consider the petitioner's bail application, preferably on the same day of his https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD) No.1951 of 2020 surrender in connection with Crime No. 6 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(P & A) // True Copy // / /2020 Sub Assistant Registrar(CS) aav To 1.The Principal Sessions Judge cum PCR, Ramanathapuram 2.The Deputy Superintendent of Police, Rameshwaram Sub Division Ramanathapuram District

3. The Inspector of Police Rameshwaram Town Police Station Ramanathapuram District 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.B.JAMEEL ARASU, Advocate ( SR-5049[F] dated 06/02/2020 ) Order made in CRL.O.P (MD) No.1951 of 2020 05.02.2020 ss(CO) TR(06.02.2020)2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2