Madras High CourtCRL OP(MD)/2533/2020disposed of

Nathiya v. The Deputy Superintendent Of Police

2020-02-17Honourable Mr Justice A.D.Jagadish Chandira3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.02.2020

CORAM:

THE HONOURABLE MR. JUSTICE A.D. JAGADISH CHANDIRA Nathiya .... Petitioner/Accused No.3 Vs.

1.State rep by The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Thiruvidaimaruthur Sub Division, Thanjavur District.

2.The Inspector of Police, Thiruppanandhal Police Station, Thanjavur District.

(Crime No.13 of 2020) .... 1st and 2nd Respondents/ Complainants 3.Vigneshwaran .... 3rd Respondent/Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to accept the surrender of the petitioner before the Special Court for S.C/S.T (Prevention of Atrocities) Act i.e., 1st Additional District and Sessions Judge at Thanjavur, in connection with the Crime No. 13 of 2020 on the file of the second respondent police and to consider the bail application filed by the petitioner on the same day.

For Petitioner: Mr.K.M.Karunakaran For R1 & R2 : Mr.S.Chandrasekar Additional Public Prosecutor

O R D E R

This petition is filed for a direction to direct the learned 1st Additional District and Sessions Judge at Thanjavur, 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.13 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 1/3

persons, there shall be a direction to the learned 1st Additional District and Sessions Judge at Thanjavur, to consider the petitioner's bail application, preferably on the same day of her surrender in connection with Crime No. 13 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 (CO) // True Copy // / /2020 Sub Assistant Registrar(CS) dss To

1. 1st Additional District and Sessions Judge, Thanjavur.

2. The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Thiruvidaimaruthur Sub Division, Thanjavur District.

3.The Inspector of Police, Thiruppanandhal Police Station, Thanjavur District.

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

+1 CC to MR.K.M.KARUNAKARAN, Advocate ( SR-6999[F] dated 19/02/2020 ) 17.02.2020 KM/(19.02.2020) SAR1/2P 6C 2/3

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