Madras High CourtCRL OP(MD)/11531/2019ordered

D.Soundharapandi v. The Inspector Of Police

2019-09-17Honourable Mr Justice G.K. Ilanthiraiyan2 pages

CRL.O.P (MD) No.11531 of 2019 BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT DATED: 17.09.2019

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CRL.O.P (MD) No.11531 of 2019 D.Soundharapandi ... Petitioner Vs 1.The Inspector of Police Nagamalai Pudukkottai Police Station, Madurai District Cr.No.185 of 2019

2. Rosammal ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the III Additional Sessions Judge cum Special Judge, PCR Court, Madurai to pass order on the bail petition filed by the petitioner on the same day of surrender in Crime No.185 of 2019 on the file of the 1st Respondent For Petitioners : Mr.N.Mohideen Basha For R1 : Mr.K.Suyambulinga Bharathi, Government Advocate(crl.side)

O R D E R

This petition has been filed for a direction, to direct the III Additional Sessions Judge cum Special Judge, PCR Court, Madurai, to consider the petitioner's bail petition of the petitioner on the same day of surrender and dispose the same on the same date on merits and in accordance with law in crime No.185 of 2019 on the file of the first 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 III Additional Sessions Judge cum Special Judge, PCR Court, Madurai, to consider the petitioner's bail application, preferably on the same day of he surrender in connection with Crime No.185 of 2019 on the file of the first respondent and pass appropriate orders in accordance with law after affording due opportunity to the victim under https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL.O.P (MD) No.11531 of 2019 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.

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

Sd/- Assistant Registrar (CO) // True Copy // Sub Assistant Registrar(CS) Ls To 1.The III Additional Sessions Judge cum Special Judge, PCR Court, Madurai.

2.The Inspector of Police Nagamalai Pudukkottai Police Station, Madurai District 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.N.MOHIDEEN BASHA, Advocate ( SR-87347[F] dated 18/09/2019 ) Order made in CRL.O.P (MD) No.11531 of 2019 17.09.2019 KM/(23.09.2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2