Madras High CourtCRL OP(MD)/12529/2019disposed of

C. Radhakrishnan v. The Deputy Superintendent Of Police

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

Crl.O.P.(MD) No.12529 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.12529 of 2019

1. C.Radhakrishnan

2. Mohan @ Mohan Kumar

3. B.C.Aravind ... Petitioners/Accused 1 to Accused 3 Vs 1.The Deputy Superintendent of Police, Aravakurichi Karur District ... Respondent 1/Respondent 1 2.The Inspector of Police Thennialai Police Station Karur District ...2nd Respondent /Complainant 3.B.Elamurugan ..3rd Respondent/Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the Principal District and Sessions Court (PCR) at Karur to consider the petitioners bail application on the very same day in respect of the case registered in Crime No. 131 of For Petitioners : Mr.M.P.Senthil 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 District and Sessions Court (PCR) at Karur 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.131 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 Principal District and Court (PCR) at Karur, to consider the petitioner's bail application, preferably on the same day of his surrender in connection with Crime No. 131 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 https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD) No.12529 of 2019 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 (AD I) // True Copy // Sub Assistant Registrar(CS) aav To 1.The Deputy Superintendent of Police, Aravakurichi Karur District 2.The Inspector of Police Thennilai Police Station Karur District 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.M.P.SENTHIL, Advocate ( SR-86110[F] dated 10/09/2019 ) CRL.O.P (MD) No.12529 of 2019 09.09.2019 aav KK/SAR/10.09.2019/2P-5C/ https://hcservices.ecourts.gov.in/hcservices/ 2/2