Madras High CourtCRL OP(MD)/13096/2019ordered

S. Rajeswaran v. The Deputy Superintendent Of Police

2019-09-19Honourable Mr Justice G.K. Ilanthiraiyan2 pages

CRL.O.P (MD) No.13096 of 2019 BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT DATED: 19.09.2019

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CRL.O.P (MD) No.13096 of 2019 S.Rajeswaran ... Petitioner Vs 1.The Deputy Superintendent of Police, Cheranmahadevi Sub Division Tirunelveli District 2.The Sub Inspector of Police Muneerpallam Police Station Tirunelveli District 3.T.Muthuraman ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the learned II Additional District and Sessions Judge, (PCR) Tirunelveli to consider the bail application of the Petitioner on the same day of Surrender on merits in Crime NO. 352/2017 on the file of 2nd respondent Police Station. For Petitioner : Mr.S.Sundarapandian 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 and Sessions Judge, (PCR) 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.352 of 2017 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 II Additional District and Sessions Judge, (PCR) Tirunelveli to consider the petitioner's bail application, preferably on the same day of his surrender in connection with Crime No. 352 of 2017 on the file of https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL.O.P (MD) No.13096 of 2019 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 receipt of a copy of this Order.

3. In view of the above, the Criminal Original Petition stands allowed.

Sd/- Assistant Registrar (Records) // True Copy // Sub Assistant Registrar(CS) To 1.The II Additional District and Sessions Judge, (PCR) Tirunelveli 2.The Deputy Superintendent of Police, Cheranmahadevi Sub Division Tirunelveli District 3.The Sub Inspector of Police Muneerpallam Police Station Tirunelveli District 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.S.SUNDARPANDIAN, Advocate ( SR-87752[F] dated 19/09/2019 ) Order made in CRL.O.P (MD) No.13096 of 2019 19.09.2019 aav JMN(20.09.2019) 2P : 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2