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Madras High CourtCRL OP(MD)/8124/2018ordered

Ponnumanikannan, S/O. Gopal, 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.8124 of 2018 Ponnumanikannan .. Petitioner/4th Accused Vs.

1.The Deputy Superintendent of Police, Muthukulathur Division, Ramanathapuram District.

2.The Inspector of Police, Keelathooval Police Station, Ramanathapuram District.

(in Crime No.42 of 2018) ..Respondents 1 and 2/Complainants 3.Karthick ..3rd Respondent/de facto Complainant PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the learned Principal District and Sessions Judge cum P.C.R.Court, Ramanathapuram, to consider the petitioner bail application and dispose the bail application on the same day, if the petitioner surrender before the learned Principal District and Sessions Judge cum P.C.R.Court, Ramanathapuram, in Crime No.42 of 2018 on the file of the second respondent.

For Petitioner : Mr.G.Vishnuram For R1 and R2 : Mr.A.P.G.Ohm Chairma Prabhu, Government Advocate (Criminal Side).

ORDER

This petition is filed for a direction to the learned Principal District and Sessions Judge cum P.C.R.Court, Ramanathapuram to consider the petitioner bail application and dispose the bail application on the same day, if the petitioner surrender before the learned Principal District and Sessions Judge cum P.C.R.Court, Ramanathapuram in Crime No.42 of 2018 on the file of the second respondent, 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 https://hcservices.ecourts.gov.in/hcservices/

persons, there shall be a direction to the learned Principal District and Sessions Judge cum P.C.R.Court, Ramanathapuram, to consider the petitioner's bail application, preferably on the same day of his surrender in connection with Crime No.42 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.

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 cum P.C.R.Court, Ramanathapuram.

2.The Deputy Superintendent of Police, Muthukulathur Division, Ramanathapuram District.

3.The Inspector of Police, Keelathooval Police Station, Ramanathapuram District 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1CC to Mr.G.Vishnu Ram, Advocate, SR.No. 65565 Crl.O.P(MD)No.8124 of 2018 16.05.2018 sm/ps/pnn AM/JC/SAR 4/01.06.2018/2P/6C https://hcservices.ecourts.gov.in/hcservices/