Madras High CourtCRL OP(MD)/12979/2019ordered

Duraikkannu v. The Inspector Of Police

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

Crl.O.P.(MD) No.12979 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.12979 of 2019 Duraikkannu ... Petitioner/Accused No.2 Vs 1.The Inspector of Police Thirugokarnam Police Station Pudukottai District In Crime No.182/19 2.The Deputy Superintendent of Police Pudukottai District Pudukottai ... 1st & 2nd Respondents/Complainant 3.Ramesh ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the learned Principal District and Sessions Judge, Pudukkottai, Pudukkottai District, Under the SC/ST (POA) Amendment Act 2015, to accept the Surrender of the Petitioner and Consider the bail Application on merits For Petitioner : Mr.S.Muthalraj 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, Pudukkottai, Pudukkottai District, Under the SC/ST (POA) Amendment Act 2015 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.182 of 2019 on the file of the 1st 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, Pudukkottai, Pudukkottai District, Under the SC/ST (POA) Amendment Act 2015, to consider the petitioner's bail application, preferably on the same day of his https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD) No.12979 of 2019 surrender in connection with Crime No. 1827 of 2019 on the file of the 1st 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, Pudukkottai, Pudukkottai District

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

+1 CC to M/s.NA.PALANIYANDI, Advocate ( SR-87392[F] dated 18/09/2019 ) Order made in CRL.O.P (MD) No.12979 of 2019 18.09.2019 aav JM/19.09.2019/2P/6C https://hcservices.ecourts.gov.in/hcservices/ 2/2