Madras High CourtCRL OP(MD)/12729/2019ordered

P. Sivapremkumar v. The Superintendent Of Police

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

CRL.O.P (MD) No.12729 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.12729 of 2019 P.Sivapremkumar ... Petitioner/ Sole Accused Vs 1.The Superintendent of Police, Tirunelveli District

2. The Deputy Superintendent of Police Valliyoor, Tirunelveli District

3. The Inspector of Police Radhapuram Police Station Tirunelveli District.

(Crime No.155 of 2019) ... Respondents/ Complainants

4. M.Saraswathi ... Respondent/ Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the learned Sessions Judge (Spl. PCR Court), Tirunelveli District on consider his bail application filed by the petitioner / Sole accused on the same day of surrender in Cr.No.155/2019 on the file of the Inspector of Police, Radhapuram Police Station For Petitioner : Mr.M.Laxmi Mahendra For Respondents : Mr.K.Suyambulinga Bharathi, G.A. (Crl. Side) for RR1 to 3

O R D E R

This petition is filed for a direction to direct the learned Sessions Judge (Spl. PCR Court), Tirunelveli District 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.155 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 learned Sessions Judge https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL.O.P (MD) No.12729 of 2019 (Spl. PCR Court), Tirunelveli District, to consider the petitioner's bail application, preferably on the same day of his surrender in connection with Crime No. 155 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 Sessions Judge (Spl. PCR Court), Tirunelveli District 2.The Superintendent of Police, Tirunelveli District

3. The Deputy Superintendent of Police Valliyoor, Tirunelveli District

4. The Inspector of Police Radhapuram Police Station Tirunelveli District 5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.M.LAXMI MAHENDRAA, Advocate ( SR-86662[F] dated 13/09/2019 ) Order made in CRL.O.P (MD) No.12729 of 2019 13.09.2019 MS/16.09.2019/2P.7C https://hcservices.ecourts.gov.in/hcservices/ 2/2