Madras High CourtCRL OP(MD)/2869/2020disposed of

Malathi v. The Deputy Superintendent Of Police

2020-02-19Honourable Mrs Justice R. Hemalatha2 pages

Crl.O.P.(MD) No.2869 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.02.2020

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA CRL.O.P (MD) No.2869 of 2020

1. Malathi

2. Kalyani ... Petitioners/Accused No.1 & 3 Vs 1.The Deputy Superintendent of Police, Musiri Police Station Trichy District

2. The Inspector of Police Musiri Police Station Trichy District ... Respondents/Complainants

3. Mookayi ... Respondent/Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the I Additional District and Sessions Judge(PCR)Court, Trichy to consider the bail application to be filed by the petitioners on the same day on their surrender in connection with Crime No. 46 of 2020 on the file of the second respondent.

For Petitioners : Mr.C.Bethanasamy 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 I Additional District and Sessions Judge(PCR)Court, Trichy to consider the bail petition of the petitioners on the same day of surrender and dispose the same on merits and in accordance with law in crime No.46 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 I Additional District and Sessions Judge(PCR)Court, Trichy , to consider the https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD) No.2869 of 2020 petitioners bail application, preferably on the same day of their surrender in connection with Crime No. 46 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 petitioners 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(AS) // True Copy // / /2020 Sub Assistant Registrar(CS) aav To 1.The I Additional District and Sessions Judge(PCR)Court, Trichy 2.The Deputy Superintendent of Police, Musiri Police Station Trichy District

3. The Inspector of Police Musiri Police Station Trichy District 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.C.BETHANASAMY, Advocate ( SR-7107[F] dated 19/02/2020 Order made in CRL.O.P (MD) No.2869 of 2020 19.02.2020 SS(CO) TR(20.02.2020)2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2