Madras High CourtCRL OP(MD)/13213/2019ordered

Bose v. The Deputy Superintendent Of Police

2019-09-23Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD) No.13213 of 2019 BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT DATED: 23.09.2019

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CRL.O.P (MD) No.13213 of 2019

1. Bose Thevar

2. Nagammal,

3. Kumar, ... Petitioners /Accused No.2 to 4 Vs 1.The Deputy Superintendent of Police, Batlagundu Range, Dindigul.

2.The Inspector of Police Batlagundu Police Station, Batlagundu, Dindigul District, Crime No.128/2019 ... 1 & 2 Respondents/Complainant

3. Meena ... 3rd Respondent/ Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the learned Special Court cum the Sessions Court, Dindigul District to accept the surrender of the Petitioners and dispose of the bail petition filed by the petitioners on the same day in connection with crime No.128 of 2019 on the file of the second respondent police.

For Petitioners : Mr.A.Mithun Chakravarthi For R1 and R2 : Mr.K.Suyambulinga Bharathi, Government Advocate(crl.side)

O R D E R

This petition has been filed for a direction, to direct the Special Court cum the Sessions Court, Dindigul District, 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.128 of 2019 on the file of the second 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 Special Court cum the Sessions Court, Dindigul District, to consider the petitioners' bail application, preferably on the same day of their surrender in https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD) No.13213 of 2019 connection with Crime No.128 of 2019 on the file of the second 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 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(CS-II) // True Copy // Sub Assistant Registrar(CS) Ls To 1.The Special Court cum the Sessions Court, Dindigul District.

2.The Deputy Superintendent of Police, Batlagundu Range, Dindigul.

3.The Inspector of Police Batlagundu Police Station, Batlagundu, Dindigul District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1CC TO MR.A.MITHUN CHAKRAVARTHI, Advocate Sr. No. 88784 Order made in CRL.O.P (MD) No.13213 of 2019 23.09.2019 CS(CO) TR(09.10.2019) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2