Madras High CourtCRL OP(MD)/3679/2020allowed

Thennarasu v. The Deputy Superintendent Of Police

2020-02-27Honourable Mr Justice A.D.Jagadish Chandira2 pages

Crl.O.P.(MD) No.3679 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.02.2020

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA CRL.O.P (MD) No.3679 of 2020 1.Thennarasu 2.Hariharan 3.Kumaravel ... Petitioners/Accused Nos.1 to 3 Vs 1.The Deputy Superintendent of Police, Papanasam, Thanjavur District.

2.The Inspector of police, Melathur Police Station, Thanjavur District, (Crime No.18 of 2020) ... Respondents 1 and 2/Complainants 3.Ilayaraja ...3rd Respondent/Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the learned PCR Court, Thanjavur (PCR Act Cases) to consider the bail application of the petitioners concerned in Crime No.18 of 2020 on the file of the Inspector of Police, Melathur Police Station, the second respondent herein and pass orders in accordance with law on the same day on his surrender if any petition filed by the petitioner.

For Petitioners : Mr.T.Palanisamy For Respondents : Mr.S.Chandarasekar No.1 and 2 Additional Public Prosecutor

O R D E R

This petition is filed for a direction to direct the learned PCR Court, Thanjavur (PCR Act Cases) to consider the bail application of the petitioners concerned in Crime No.18 of 2020 on the file of the Inspector of Police, Melathur Police Station, the second respondent herein and pass orders in accordance with law on the same day on his surrender if any petition filed by the petitioner.

2.The learned Additional Public Prosecutor appearing for the respondent police would submit that the third respondent/defacto complainant, who is injured seriously is still taking treatment as in-patient in the hospital.

3. In view of the specific bar under Section 18 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD) No.3679 of 2020 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 PCR Court, Thanjavur (PCR Act Cases) to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Crime No.18 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.

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

Sd/- Assistant Registrar (AD II) // True Copy // / /2020 Sub Assistant Registrar(CS) vsg To 1.The PCR Court (PCR Act Cases), Thanjavur.

2.The Deputy Superintendent of Police, Papanasam, Thanjavur District.

3.The Inspector of police, Melathur Police Station, Thanjavur District, 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.G.SIVARAJA, Advocate ( SR-8887[F] dated 27/02/2020 ) Order made in CRL.O.P (MD) No.3679 of 2020 27.02.2020 KK/28.02.2020/2P-6C https://hcservices.ecourts.gov.in/hcservices/ 2/2