Madras High CourtCRL OP(MD)/11923/2020disposed of

Jebamalai v. The Deputy Superintendent Of Police

2020-10-22Honourable Mr Justice Abdul Quddhose2 pages

Crl.O.P.(MD) No.11923 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.10.2020

CORAM

THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE CRL.O.P (MD) No.11923 of 2020 Jebamalai ... Petitioner / Accused No.1 Vs 1.The Deputy Superintendent of Police, Keelakarai, Ramanathapuram District.

2.The Inspector of Police, Sikkal Police Station, Ramanathapuram District. (Crime No.151 of 2020)

...Respondent 1&2/Complainants

3.Marimuthu ...3rd Respondent/Defacto Complainants/Victim PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the learned District and Sessions Judge, Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Ramanathapuram, to accept the surrender of the petitioner / Accused and consider the petitioner's bail application and grant bail on the same date of surrender itself, in Crime No.151 of 2020, on the file of the second respondent Police. For Petitioner : Mr.D.Balamurugapandi For R-1 & R-2 : Mr.K.Karmegam Government Advocate

O R D E R

This Criminal Original Petition has been filed seeking for a direction to direct the learned District and Sessions Judge, Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Ramanathapuram, to accept the surrender of the petitioner / Accused and consider the petitioner's bail application and grant bail on the same date of surrender itself, in Crime No.151 of 2020, on the file of the second respondent Police.

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondents 1 and 2.

3. 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/ 1/2

Crl.O.P.(MD) No.11923 of 2020 persons, there shall be a direction to the learned District and Sessions Judge, Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Ramanathapuram, to consider the petitioner's bail application, preferably on the same day of his surrender in connection with Crime No. 151 of 2020, on the file of the second 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 petitioner shall surrender before the concerned jurisdictional Court within a period of fifteen days from the date of the receipt of a copy of this Order.

4. In view of the above, the Criminal Original Petition stands disposed of.

Sd/- Assistant Registrar (P&A) // True Copy // / /2020 Sub Assistant Registrar(CS) tsg/das 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 District and Sessions Judge, Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Ramanathapuram. 2.The Deputy Superintendent of Police, Keelakarai, Ramanathapuram District.

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

Order made in CRL.O.P (MD) No.11923 of 2020 22.10.2020 SJ(CO) AP(03/11/2020) 2 P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2