Madras High CourtCRL OP(MD)/7883/2018ordered

Pandi @ Pandian v. The Sub Inspector Of Police

2018-05-16Honourable Mr Justice M.S. Ramesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.05.2018

CORAM:

THE HONOURABLE MR. JUSTICE M.S.RAMESH Crl.O.P(MD)No.7883 of 2018 Pandi @ Pandian .. Petitioner / Accused No.3 Vs.

1. The Sub Insepctor of Police, Gudalur South Police Station, Theni District.

In Crime No.56 of 2018 ..1stRespondent / Complainant

2. Pandidurai ..2ndRespondent / De facto Complainant PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the Special Sessions Judge for PCR Cases, Theni District to consider the petitioner's bail petition at the time of his surrender on the very same day concerned in Crime No.56 of 2018 pending investigation on the file of the first respondent. For Petitioner : Mr.M.Maran For R-1 : Mr.A.P.G.Ohm chairma Prabhu, Government Advocate (Criminal Side).

ORDER

This petition is filed for a direction to the learned Special Sessions Judge for PCR Cases, Theni District to consider the petitioner's bail petition at the time of his surrender on the very same day in Crime No.56 of 2018, since the offences are pertaining to the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

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 Special Sessions Judge for PCR Cases, Theni District, to consider the petitioner's bail application, preferably on the same day of his surrender in connection with Crime No.56 of 2018 and pass appropriate orders in accordance with law after affording due opportunity to the victim. The petitioner shall surrender before the concerned jurisdictional Court within a period of fifteen days from the date of receipt of a copy of this order.

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

Sd/- Vacation Officer /True Copy/ Sub Assistant Registrar To

1. The Special Sessions Judge for PCR Cases, Theni District.

2. The Sub Insepctor of Police, Gudalur South Police Station, Theni District.

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

+1cc to Mr.M.Maran, Advocate Sr.No.65579 SM/PS/PNN VB/TE/SAR4/25.05.2018/2P/5C Crl.O.P(MD)No.7883 of 2018 16.05.2018 https://hcservices.ecourts.gov.in/hcservices/