Madras High CourtCRL OP(MD)/12708/2019ordered

Ilayaraja v. The Deputy Superintendent Of Police

2019-09-13Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD) No.12708 of 2019 BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT DATED: 13.09.2019

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CRL.O.P (MD) No.12708 of 2019

1. Ilayaraja

2. Nagavalli

3. Sundari

4. Vetriselvi

5. Muthulingam ... Petitioners Vs 1.The Deputy Superintendent of Police, Muthukulathur Ramanathapuram District

2. The Inspector of Police Mudhukulathur Police Station Ramanathapuram District Crime No. 138 of 2018

3. Vaiyudaiyan ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the District and Sessions Judge (PCR Court) Ramanathapuram to consider the bail application of the petitioner on the same day of his surrender in Crime No.138 of 2018 dated 15.11.2018 on the file of the 2nd respondent police For Petitioners : Mr.V.Maharajan 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 District and Sessions Judge (PCR Court) Ramanathapuram to consider the petitioners bail petition of the petitioners on the same day of surrender and dispose the same on the same date on merits and in accordance with law in crime No.138 of 2018 on the file of the 2nd respondent.

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Crl.O.P.(MD) No.12708 of 2019

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 District and Sessions Judge (PCR Court) Ramanathapuram, to consider the petitioner's bail application, preferably on the same day of his surrender in connection with Crime No. 138 of 2018 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 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.

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

SD ASSISTANT REGISTRAR ( CO ) TRUE COPY SUB ASSISTANT REGISTRAR ( CS ) aav To 1.The District and Sessions Judge (PCR Court) Ramanathapuram 2.The Deputy Superintendent of Police, Muthukulathur Ramanathapuram District

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

1CC TO MR.V.MAHARAJAN, ADVOCATE SR 86792 JMN 16/9/2019 2P 6C Order made in CRL.O.P (MD) No.12708 of 2019 13.09.2019 https://hcservices.ecourts.gov.in/hcservices/ 2/2