Madras High CourtCRL OP(MD)/12209/2019disposed of

Suresh v. The Deputy Superintendent Of Police

2019-09-03Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD) No.12209 of 2019 BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT DATED: 03.09.2019

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CRL.O.P (MD) No.12209 of 2019 Suresh ... Petitioner/ Accused No.1 Vs 1.The State rep. by by its The Deputy Superintendent of Police, Alangudi, Pudukkottai District.

... 1st Respondent/ Investigation Officer 2.The State rep. by is The Inspector of Police, Sampathuviduthi Police Station, Pudukkottai District Crime No.64 of 2019 ... 2nd Respondent/ Complainant 3.Sivakumar ... 3rd Respondent/ Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the Principal Sessions Court cum PCR Court, Pudukkottai (Special Court for SC/ST (PA) Act Cases) to consider the petitioners 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.64 of 2019 on the file of the 2nd respondent.

For Petitioner : Mr.R.Maheswaran 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 Principal Sessions Court cum PCR Court, Pudukkottai (Special Court for SC/ST (PA) Act Cases) to consider the petitioner' 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.64 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 https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD) No.12209 of 2019 misusing the pious intention of the Parliament against innocent persons, there shall be a direction to the Principal Sessions Court cum PCR Court, Pudukkottai (Special Court for SC/ST (PA) Act Cases), to consider the petitioner's bail application, preferably on the same day of his surrender in connection with Crime No. 64 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 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 To 1 The Principal Sessions Judge cum PCR Court, (Special judge for SC/ST), Pudukkottai.

2.The Deputy Superintendent of Police, Alangudi, Pudukkottai District.

3.The Inspector of Police, Sampathuviduthi Police Station, Pudukkottai District.

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

+1 CC to M/s.R.MAHESWARAN, Advocate ( SR-84953[F] dated 03/09/2019) Order made in CRL.O.P (MD) No.12209 of 2019 03.09.2019 Arul MS/06.09.2019/2P.6C https://hcservices.ecourts.gov.in/hcservices/ 2/2