Madras High CourtCRL OP(MD)/12100/2020disposed of

K.Suriya v. The Deputy Superintendent Of Police

2020-10-22Honourable Mrs Justice J. Nisha Banu2 pages

Crl.O.P.(MD) No.12100 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.12100 of 2020 1.K.Suriya 2.Ajith ... Petitioners / Accused Nos.1 & 2 Vs 1.The Deputy Superintendent of Police, Samayanallur, Madurai District.

2.The Inspector of Police, Alanganallur Police Station, Madurai District. (Crime No.1728 of 2020) ... R1&R2/Complainant 3.Eswari ...3rd Respondent/Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the III Additional District and Sessions Judge (PCR Cases), Madurai, to consider the bail application of the petitioners on the same day of their surrender in Crime No.1728 of 2020, on the file of the second respondent Police. For Petitioners : Mr.M.Mahendran 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 III Additional District and Sessions Judge (PCR Cases), Madurai, to consider the bail application of the petitioners, on the same day of their surrender in Crime No.1728 of 2020, on the file of the second respondent Police.

2. Heard the learned counsel appearing for the petitioners 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 persons, there shall be a direction to the learned III Additional District and Sessions Judge (PCR Cases), Madurai, to consider the https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD) No.12100 of 2020 petitioners' bail application, preferably on the same day of their surrender in connection with Crime No. 1728 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 petitioners 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 III Additional District and Sessions Judge (PCR Cases), Madurai.

2.The Deputy Superintendent of Police, Samayanallur, Madurai District.

3.The Inspector of Police, Alanganallur Police Station, Madurai District. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. Order made in CRL.O.P (MD) No.12100 of 2020 22.10.2020 SJ(CO) KB(03.11.2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2