Madras High CourtCRL OP(MD)/4895/2020disposed of

Ganesan v. The Deputy Superintendent Of Police

2020-03-19Honourable Mr Justice M.Dhandapani2 pages

Crl.O.P.[MD]No.4895 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.03.2020

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI CRL.O.P[MD]No.4895 of 2020 Ganesan ... Petitioner Vs.

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

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

Crime No.57 / 2020.

...1st and 2nd Respondents/ Complainant 3.Vijay ...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 SC/ST (Prevention of Atrocities) Act, ie., the I Additional District and Sessions Judge at Thanjavur, in connection with the Crime No.57 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 Petitioners : Mr.K.M.Karunakaran For Respondents 1&2 : Mrs.S.Bharathi, Government Advocate [Crl. Side]

O R D E R

This petition is filed for a direction to direct the I Additional District and Sessions Judge, (Special Court for SC/ST (PA) Act cases), Thanjavur, to accept the surrender of the petitioner and consider the petitioner's bail application on the same day of his surrender in Crime No.57 of 2020 on the file of the Inspector of Police, Panthanallur Police Station, Thanjavur District.

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 the possibility of misusing the pious intention of the Parliament against innocent persons, there shall be a direction to the I Additional District and https://hcservices.ecourts.gov.in/hcservices/ 1/4

Crl.O.P.[MD]No.4895 of 2020 Sessions Judge, (Special Court for SC/ST (PA) Act cases), Thanjavur, to consider the petitioner's bail application, preferably on the same day of his surrender in connection with Crime No.57 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 [15] days from the date of the receipt of a copy of this order. 3.In view of the above, this Criminal Original Petition stands allowed.

Sd/- Assistant Registrar (AD-II) // True Copy // / /2020 Sub Assistant Registrar(CS) MR To 1.The I Additional District and Sessions Judge, (Special Court for SC/ST (PA) Act cases), Thanjavur.

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

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

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

+1 CC to M/s.K.M.KARUNAKARAN, Advocate ( SR-12562[F] dated 19/03/2020 ) Order made in CRL.O.P[MD]No.4895 of 2020 19.03.2020 AP(28/05/2020) 2 P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/4