Madras High CourtCRL OP(MD)/4931/2020disposed of

Balakumar v. The Deputy Superintendent Of Police

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

Crl.O.P.[MD]No.4931 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.4931 of 2020 1.Balakumar 2.Kirubaharan 3.Murugadass 4.Ramu ... Petitioners Vs.

1.The Deputy Superintendent of Police, Aranthangi, Pudukottai District.

2.The Inspector of Police, Aranthangi Police Station, Pudukottai District, Crime No.206 / 2020.

3.Pushpavalli ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the Principal District and Sessions Judge (Special Court for SC/ST (PA) Act cases), Pudukottai to consider the petitioner's bail application on the same day of his surrender in Crime No.206 of 2020 on the file of the Inspector of Police, Aranthangi Police Station, Pudukottai District. For Petitioners : Mr.T.Lenin Kumar 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 Principal District and Sessions Judge (Special Court for SC/ST (PA) Act cases), Pudukottai to consider the petitioner's bail application on the same day of his surrender in Crime No.206 of 2020 on the file of the Inspector of Police, Aranthangi Police Station, Pudukottai 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 Principal District and Sessions Judge (Special Court for SC/ST (PA) Act cases), Pudukottai, to consider the petitioners' bail application, preferably on the https://hcservices.ecourts.gov.in/hcservices/ 1/4

Crl.O.P.[MD]No.4931 of 2020 same day of their surrender in connection with Crime No.206 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 [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 (CO) // True Copy // / /2020 Sub Assistant Registrar(CS) MR To 1.The Principal District and Sessions Judge, (Special Court for SC/ST (PA) Act cases), Pudukottai.

2.The The Deputy Superintendent of Police, Aranthangi, Pudukottai District.

3.The Inspector of Police, Aranthangi Police Station, Pudukottai District.

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

+1 CC to M/s.T.LENINKUMAR, Advocate ( SR-12556[F] dated 19/03/2020 ) CRL.O.P[MD]No.4931 of 2020 19.03.2020 KK/20.03.2020/ 2P- 6C https://hcservices.ecourts.gov.in/hcservices/ 2/4