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Madras High CourtCRL OP(MD)/8007/2018ordered

Chinna Mounam, v. The Deputy Superintendent Of

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.8007 of 2018 1.Chinna Mounam 2.Azhukku Mayi 2.Murugan .. Petitioners / Accused No.1, 2 &5 Vs.

1. The State represented by, Deputy Superintendent of Police, Ottanchanthram Sub Division, Ottanchanthram, Dindigul District.

2. The Inspector of Police, Sempatti Police Station, Sempatti, Dindigul District.

.. Respondents 1 &2 / Complainant 3.S.Karuppaiah 4.Ramuthai 5.Jayapal .. Respondents 3, 4 & 5 / de facto Complainant PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the Hon'ble Principal District and Sessions Judge, Dindigul District to consider and dispose the bail application to be filed by the petitioners on the same day of its filing in connection with the case in Crime No.153 of 2018 on the file of the Inspector of Police, Sempatti Police Station, Dindigul District.

For Petitioners : Ms.R.Sujatha For R-1 & R-2 : Mr.A.P.G.Ohm chairma Prabhu, Government Advocate (Criminal Side).

ORDER

This petition is filed for a direction to the Hon'ble Principal District and Sessions Judge, Dindigul District to consider and dispose the bail application to be filed by the https://hcservices.ecourts.gov.in/hcservices/

petitioners on the same day of its filing in connection with the case in Crime No.153 of 2018 on the file of the Inspector of Police, Sempatti Police Station, Dindigul District, 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 learned Principal District and Sessions Judge, Dindigul District, to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Crime No.350 of 2018 and pass appropriate orders in accordance with law after affording due opportunity to the victim. The petitioners shall surrender before the concerned jurisdictional Court within a period of fifteen days from the date of receipt of a copy of this order.

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

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

1. The Principal District and Sessions Judge, Dindigul District.

2. The Deputy Superintendent of Police, Ottanchanthram Sub Division, Ottanchanthram, Dindigul District.

3. The Inspector of Police, Sempatti Police Station, Sempatti, Dindigul District.

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

+ 1 cc TO Ms.R.Sujatha , Advocate in SR No. 65734 sm/ps AE/JC/SAR3/24.05.2018/2P/6C Crl.O.P(MD)No.8007 of 2018 16.05.2018 https://hcservices.ecourts.gov.in/hcservices/