Madras High CourtCRL OP(MD)/11881/2020disposed of

Muralidharan v. The Deputy Superintendent Of Police

2020-10-22Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD) No.11881 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.10.2020

CORAM

The Hon`ble Mr.Justice ABDUL QUDDHOSE CRL.O.P (MD) No.11881 of 2020 1.Muralidharan 2.Esakkimuthu 3.Sankar ... Petitioners/Acccused 1 to 3 Vs.

1.The Deputy Superintendent of Police, Nanguneri, Tirunelveli District.

2.The State through the The Inspector of Police Eruvadi Police Station Tirunelveli District.

(Crime No 371 of 2020) ...Respondents1&2/Complainants 3.Dinakaran ...3rd Respondent/Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, to direct the II Additional District Judge (PCR Court), Tirunelveli to consider the petitioner's bail application in the same day of arrest or upon their surrender under Crime No.371 of 2020, on the file of the second respondent police. For Petitioners : Mr.K.R.Laxman For R1 and R2 : Mr.K.Karmegam, Government Advocate (Criminal Side)

O R D E R

This petition is filed for a direction to direct the learned II Additional District Judge (PCR Court), Tirunelveli, to consider the bail petition of the petitioners on the same day of surrender and dispose the same on merits and in accordance with law in crime No.371 of 2020 on the file of the 2nd 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 of the possibility of misusing the pious intention of the Parliament against innocent persons, there shall be a direction to the learned II Additional District Judge (PCR Court), Tirunelveli, to consider the petitioners' bail applications, preferably on the same day of their surrender in connection with Crime No. 371 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 https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD) No.11881 of 2020 jurisdictional Court within a period of fifteen days from the date of the receipt of a copy of this Order.

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

Sd/- Assistant Registrar (P&A) // True Copy // / /2020 Sub Assistant Registrar(CS) das/tsg Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The II Additional District Judge (PCR Court), Tirunelveli.

2.The Deputy Superintendent of Police, Nanguneri, Tirunelveli District.

3.The Inspector of Police Eruvadi Police Station Tirunelveli District.

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

Order made in CRL.O.P (MD) No.11881 of 2020 22.10.2020 ARK(CO) KB(03.11.2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2