Madras High CourtCRL OP(MD)/12666/2019ordered

S. Kalpana v. The Deputy Superintendent Of Police

2019-09-12Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD) No.12666 of 2019 BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT DATED: 12.09.2019

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CRL.O.P (MD) No.12666 of 2019 S.Kalpana ... Petitioner/Sole Accused Vs 1.The Deputy Superintendent of Police, Tirunelveli Rural Tirunelveli District 2.The Inspector of Police Gangaikondan Police Station Tirunelveli District (Crime No. 143 of 2019) ... 1st & 2nd Respondents/ Complainants 3.Petchimuthu ... 3rd Respondent/Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the learned II Additional District Sessions Judge (PCR Act Cases), Tirunelveli to consider the petitioners bail application on the same day which would be filed by the petitioner in connection with the Crime No.143 of 2019 on the file of the second respondent police.

For Petitioner : Mr.S.Manickam 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 learned II Additional District Sessions Judge (PCR Act Cases), 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.143 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 https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD) No.12666 of 2019 persons, there shall be a direction to the learned II Additional District Sessions Judge (PCR Act Cases), Tirunelveli, to consider the petitioner's bail application, preferably on the same day of his surrender in connection with Crime No. 143 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 (AS) // True Copy // Sub Assistant Registrar(CS) To 1.The II Additional District and Sessions Judge (PCR), Tirunelveli.

2. The Deputy Superintendent of Police, Tirunelveli Rural Tirunelveli District 3.The Inspector of Police Gangaikondan Police Station Tirunelveli District 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.S.MANICKAM, Advocate ( SR-86652[F] dated 13/09/2019 ) Order made in CRL.O.P (MD) No.12666 of 2019 12.09.2019 aav JMN(13.09.2019) 2P : 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2