Madras High CourtCRL OP(MD)/4886/2020disposed of

Kasiviswanathan, v. The Assistant Commissioner Of Police

2020-03-19Honourable Mr Justice B.Pugalendhi2 pages

CRL.O.P[MD]No.4886 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.4886 of 2020 Kasiviswanathan ... Petitioners/Accused No.1 Vs.

1.The Assistant Commissioner of Police, Palayamkottai, Tirunelveli District.

2.The Inspector of Police, Perumalpuram Police Station, Tirunelveli City, Crime No.62 / 2020.

... Respondents/Complainants 3.Bose ... Respondent/Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the II Additional District and Sessions Judge, Tirunelveli (PCR Act Cases) to consider the bail application of the petitioner on his surrender on the same day, if any petition filed by the petitioner in Crime No.62 of 2020, on the file of the second respondent.

For Petitioner : Mr.V.Kannan 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 II Additional District and Sessions Judge, Tirunelveli (PCR Act Cases) to consider the bail application of the petitioner on his surrender on the same day, if any petition filed by the petitioner in Crime No.62 of 2020, on the file of the second 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 the possibility of misusing the pious intention of the Parliament against innocent persons, there shall be a direction to the II Additional District and Sessions Judge, Tirunelveli (PCR Act Cases), to consider the petitioner's bail application, preferably on the same day of his surrender in connection with Crime No.62 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 https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL.O.P[MD]No.4886 of 2020 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 (CS-II) // True Copy // / /2020 Sub Assistant Registrar(CS ) MR To 1.The II Additional District and Sessions Judge, (PCR Act Cases), Tirunelveli.

2.The Assistant Commissioner of Police, Palayamkottai, Tirunelveli District.

3.The Inspector of Police, Perumalpuram Police Station, Tirunelveli City.

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

+1 CC to Mr.V.KANNAN, Advocate ( SR-12403[F] dated 19/03/2020 ) Order made in CRL.O.P[MD]No.4886 of 2020 19.03.2020 MK (24.03.2020) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2