Madras High CourtCRL OP(MD)/12981/2019ordered

Iyyappan v. The Deputy Superintendent Of Police

2019-09-18Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD) No.12981 of 2019 BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT DATED: 18.09.2019

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CRL.O.P (MD) No.12981 of 2019 Iyyappan ... Petitioner/Sole Accused Vs 1.The Deputy Superintendent of Police, Palani Division Dindigul District 2.The Inspector of Police Swamimalai Police Station Dindigul District ... Respondents 2 & 3/Complainant 3.Karthick ... 3rd Respondent/Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the Principal District and Sessions Judge (Special Court for PCR Cases), Dindigul to consider his bail application on the same day of his surrender in respect of Crime No. 117 of 2019 on the file of the 2nd respondent, pending investigation.

For Petitioner : Mr.D.Venkatesh 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 Principal District and Sessions Judge (Special Court for PCR Cases), Dindigul 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.117 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 Principal District and Sessions Judge (Special Court for PCR Cases), Dindigul , to consider the petitioner's bail application, preferably on the same day of his surrender in connection with Crime No. 117 of https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD) No.12981 of 2019 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 Principal District and Sessions Judge (Special Court for PCR Cases), Dindigul

2. The Deputy Superintendent of Police, Palani Division Dindigul District 3.The Inspector of Police Swamimalai Police Station Dindigul District 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.D.VENKATESH, Advocate ( SR-87632[F] dated 19/09/2019 ) Order made in CRL.O.P (MD) No.12981 of 2019 18.09.2019 aav JM/19.09.2019/2P/6C https://hcservices.ecourts.gov.in/hcservices/ 2/2