Madras High CourtCRL OP(MD)/13035/2019ordered

Sundaramoorthy v. The Deputy Superintendent Of Police

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

CRL.O.P (MD) No.13035 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.13035 of 2019

1. Sundaramoorthy

2. M. Mariappan ... Petitioners Vs 1.The Deputy Superintendent of Police, Viruthunagar Viruthunagar District 2.The Inspector of Police Soolakarai Police Station Viruthunagar District 3.Pandian 4.Pandi 5.Muthulakshmi ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the learned Special Judge for PCR Cases, Virudhunagar District at Srivilliputhur, to accept the surrender of the petitioners and consider their bail application on the same day relating to Crime No.262/2019 on the file of the 2nd respondent For Petitioners : Mr.G.Mariappan 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 Special Judge for PCR Cases, Srivilliputhur at Virudhunagar District to consider the 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.262 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) https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL.O.P (MD) No.13035 of 2019 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 Special Judge for PCR Cases, Srivilliputhur at Virudhunagar District, to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Crime No. 262 of 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 petitioners 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 Special Judge for PCR Cases, Srivilliputhur at Virudhunagar District 2.The Deputy Superintendent of Police, Viruthunagar Viruthunagar District 3.The Inspector of Police Soolakarai Police Station Viruthunagar District 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.G.MARIAPPAN, Advocate ( SR-87732[F] dated 19/09/2019 ) Order made in CRL.O.P (MD) No.13035 of 2019 19.09.2019 aav JMN(20.09.2019) 2P : 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2