Madras High CourtCRL OP(MD)/4837/2020disposed of

M.Sudalaimuthu v. The Deputy Superintendent Of Police,

2020-03-20Honourable Mr Justice B.Pugalendhi2 pages

Crl.O.P.(MD) No.4837 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.03.2020

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI CRL.O.P (MD) No.4837 of 2020 1.M.Sudalaimuthu 2.Muthuraj 3.C.A.Kannan 4.C.Jayaraman 5.C.Chellaiah ... Petitioners Vs 1.The Deputy Superintendent of Police, Thoothukudi District, Thoothukudi.

2.The Inspector of Police, Sankaralingapuram Police Station, Thoothukudi District.

(In Crime No.8 of 2020) 3.K.Kannan ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the learned trial Court namely, PCR Court, Tirunelveli to consider the bail application of the petitioners in Crime No.8 of 2020, on the file of the second respondent on the same day by considering the relevant circumstances of the case by accepting their surrender before the said Court.

For Petitioners : Mr.C.M.Arumugam For Respondents : Mrs.S.Bharathi Government Advocate (Crl. side)

O R D E R

This petition is filed for a direction to direct the learned trial Court namely, PCR Court, Tirunelveli to consider the bail application of the petitioners in Crime No.8 of 2020, on the file of the second respondent on the same day by considering the relevant circumstances of the case by accepting their surrender before the said Court.

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Crl.O.P.(MD) No.4837 of 2020

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 PCR Court, Tirunelveli, to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Crime No. 8 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 disposed of.

Sd/- Assistant Registrar(CS-II) // True Copy // / /2020 Sub Assistant Registrar(CS) sji To 1.The Judge, PCR Court, Tirunelveli.

2. The Judicial Magistrate, Aruppukottai.

3.The Deputy Superintendent of Police, Thoothukudi District, Thoothukudi.

4.The Inspector of Police, Sankaralingapuram Police Station, Thoothukudi District.

5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1 CC to M/s.C.M.ARUMUGAM, Advocate SR-12862[F] dated 23/03/2020 CRL.O.P (MD) No.4837 of 2020 20.03.2020 svn(CO) TR(23.03.2020)2P 7C https://hcservices.ecourts.gov.in/hcservices/ 2/2