Madras High CourtCRL OP(MD)/12540/2019disposed of

Petchidurai v. The Assistant Superintendent Of Police

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

Crl.O.P.(MD) No.12540 of 2019 BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT DATED: 09.09.2019

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CRL.O.P (MD) No.12540 of 2019 Petchidurai ... Petitioner/Sole Accused Vs 1.The Assistant Superintendent of Police Cheranmahadevi Division Thanjavur District

2. The State Rep. by The Inspector of Police Veeravanallur Police Station Tirunelveli District ..Respondent/Complainant 3.Ari Prasath ...3rd Respondent/Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the I Additional District and Sessions Judge (PCR Court) Tirunelveli to accept the surrender of the petitioner and consider his bail application on the same day on merit relating to Crime No.297 of 2019 dated 02.08.2019. For Petitioner : Mr.S.krishnan For Respondents : Mr.K.Suyambulinga Bharathi, G.A. (Crl. Side) for RR1 and 2

O R D E R

This petition is filed for a direction to direct the I Additional District and Sessions Judge (PCR Court) Tirunelveli to consider the petitioner's bail petition on the same day of surrender and dispose the same on the same date on merits and in accordance with law in crime No.297 of 2019 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 I Additional District and Sessions Judge (PCR Court) Tirunelveli, to consider the petitioner's bail application, preferably on the same day of his surrender in connection with Crime No.

297 of 2019 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 petitioner shall surrender before the concerned jurisdictional Court within a period of fifteen days from the date https://hcservices.ecourts.gov.

Crl.O.P.(MD) No.12540 of 2019 of the receipt of a copy of this Order.

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

Sd/- Assistant Registrar () // True Copy // Sub Assistant Registrar(CS) aav To

1. I Additional District and Sessions Judge (PCR Court) Tirunelveli,

2. The Assistant Superintendent of Police Cheranmahadevi Division Thanjavur District

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

+1 CC to M/s.S.KRISHNAN, Advocate ( SR-85841[F] dated 09/09/2019 ) CRL.O.P (MD) No.12540 of 2019 09.09.2019 KK/SAR/10.09.2019/2P-6C/ https://hcservices.ecourts.gov.in/hcservices/ 2/2