Madras High CourtCRL OP(MD)/13091/2019ordered

Karthik v. The Deputy Superintendent Of Police

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

CRL.O.P (MD) No.13091 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.13091 of 2019 Karthik ... Petitioner Vs 1.The Deputy Superintendent of Police, Tenkasi, Tirunelveli District 2.The Inspector of Police Achanpudur Police Station Tirunelveli District 3.Madasamy ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the 2nd Additional District Judge (P.C.R. Court), Tirunelveli to accept the surrender of the petitioner and consider his bail application on the same day in connection with crime no. 249 of 2019, on the file of the 2nd respondent Police. For Petitioner : Mr.J.Senthil Kumaraiah 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 Judge (P.C.R. Court), 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.249 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 II Additional District Judge (P.C.R. Court), Tirunelveli , to consider the petitioner's bail application, preferably on the same day of his surrender in connection with Crime No. 249 of 2019 on the file of the 2nd respondent and pass appropriate orders in accordance with law after https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL.O.P (MD) No.13091 of 2019 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 (Records) // True Copy // Sub Assistant Registrar(CS) To 1.The II Additional District Judge (P.C.R. Court), Tirunelveli 2.The Deputy Superintendent of Police, Tenkasi, Tirunelveli District 3.The Inspector of Police Achanpudur Police Station Tirunelveli District 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.J.SENTHIL KUMARAIAH, Advocate ( SR-87617[F] dated 19/09/2019 ) Order made in CRL.O.P (MD) No.13091 of 2019 19.09.2019 aav JMN(20.09.2019) 2P : 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2