Madras High CourtCRL OP(MD)/3817/2020disposed of

M.Palanisamy v. The Deputy Superintendent Of Police

2020-02-28Honourable Mr Justice A.D.Jagadish Chandira2 pages

Crl.O.P.(MD) No.3817 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.02.2020

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA CRL.O.P (MD) No.3817 of 2020 M.Palanisamy ... Petitioner/Accused No.1 Vs 1.The Deputy Superintendent of Police, Thiruverumbur Tiruchirapalli District

2. The Inspector of Police Boiler Plant Police Station Tiruchirapalli District ... Respondents/Complainants 3.Priya ... 3rd Respondent/Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the learned I Additional District and Sessions Judge (PCR) Court, Trichirappalli to accept the surrender of the petitioner and consider his bail application on the same day on merit relating to crime No.9/2020 dated 18.02.2020 For Petitioner : Mr.S.Deenadhayalan For Respondents : Mr.R.Anandharaj No.1 and 2 Additional Public Prosecutor

O R D E R

This petition is filed for a direction to direct the learned I Additional District and Sessions Judge (PCR) Court, Trichirappalli 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.09 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 I Additional District and Sessions Judge (PCR) Court, Trichirappalli, to consider the petitioner's bail application, preferably on the same day of his surrender in connection with Crime No. 09 of 2020 on https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD) No.3817 of 2020 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(AE) // True Copy // / /2020 Sub Assistant Registrar(CS) aav To 1.The I Additional District and Sessions Judge (PCR) Court, Trichirappalli 2.The Deputy Superintendent of Police, Thiruverumbur Tiruchirapalli District

3. The Inspector of Police Boiler Plant Police Station Tiruchirapalli District 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.S.DEENADHAYALAN, Advocate ( SR-9231[F] dated 28/02/2020 ) Order made in CRL.O.P (MD) No.3817 of 2020 28.02.2020 SCR(CO) TR(02.03.2020)2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2