Madras High CourtCRL OP(MD)/12395/2019disposed of

Raja @ Raja Balaguru v. The Deputy Superintendent Of Police

2019-09-05Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD) No.12395 of 2019 BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT DATED: 05.09.2019

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CRL.O.P (MD) No.12395 of 2019 Raja @ Raja Balaguru ... Petitioner / Sole Accused Vs 1.The Deputy Superintendent of Police, Srivilliputtur, Virudhunagar District.

2) State through The Inspector of Police, Watrap Police Station, Virudhunagar District in Cr.No.239 of 2019 ... Respondents / Complainants

3) Periyasamy ... 3rd Respondent / De facto complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the District and Sessions Judge (Special Court for SC/ST) Srivilliputtur to consider the Petitioner/ Accused bail application on the same day of surrender in Crime No.239 of 2019 on the file of the respondent police.

For Petitioners : Mr.R.Mariappan For RR 1 & 2 : Mr.K.Suyambulinga Bharathi, Government Advocate (Crl. Side)

O R D E R

This petition is filed for a direction to direct the District and Sessions Judge (Special Court for SC/ST) Srivilliputtur to consider the Petitioner/ Accused bail application on the same day of surrender in Crime No.239 of 2019 on the file of the respondent police.

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 https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD) No.12395 of 2019 Judge (Special Court for SC/ST) Srivilliputtur to consider the petitioner's bail application, preferably on the same day of his surrender in connection with Crime No.239 of 2019 on the file of the 2nd respondent police 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 To

1. The District and Sessions Judge (Special Court for SC/ST) Srivilliputtur.

2.The Deputy Superintendent of Police, Srivilliputtur, Virudhunagar District.

3. The Inspector of Police, Watrap Police Station, Virudhunagar District in Cr.No.239 of 2019 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.S. MUNIYANDI, Advocate ( SR-85213[F] dated 05/09/2019) Order made in CRL.O.P (MD) No.12395 of 2019 Dated:05.09.2019 sts MS/09.09.2019/2P.6C https://hcservices.ecourts.gov.in/hcservices/ 2/2