Madras High CourtCRL OP(MD)/13379/2019ordered

M. Rooba @ Rajasulochana v. The Deputy Superintendent Of Police

2019-09-25Honourable Mr Justice G.K. Ilanthiraiyan2 pages

CRL.O.P (MD) No.13379 of 2019 BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT DATED: 25.09.2019

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CRL.O.P (MD) No.13379 of 2019 M.Rooba @ Rajasulochana ... Petitioner/Accused No.2 Vs 1.The Deputy Superintendent of Police, Karaikudi, Sivagangai District.

2.The Inspector of Police, Karaikudi North Police Station, Sivagangai District.

(in Crime No.227 of 2018) 3.A.Arumugam ... Respondents/Complainants PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the learned Sessions Judge (Special PCR Court), Sivagangai District on consider his bail application filed by the petitioner/ Sole Accused on the same day of surrender in Crime No.227 of 2018 on the file of the Inspector of Police, Karaikudi North Police Station, Sivagangai District. For Petitioner : Mr.M.Ganeshkamu For Respondents 1 & 2 : Mr.K.Suyambulinga Bharathi, G.A. (Crl. Side)

O R D E R

This petition is filed for a direction to direct the Sessions Judge (Special PCR Court), Sivagangai District, 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.227 of 2018 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 Sessions Judge (Special PCR Court), Sivagangai District, to consider the petitioner's bail https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL.O.P (MD) No.13379 of 2019 application, preferably on the same day of his surrender in connection with Crime No. 227 of 2018 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 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(CS) vsg To 1.The Sessions Judge (Special PCR Court), Sivagangai District.

2.The Deputy Superintendent of Police, Karaikudi, Sivagangai District.

3.The Inspector of Police, Karaikudi North Police Station, Sivagangai District.

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

Order made in CRL.O.P (MD) No.13379 of 2019 25.09.2019 JMN(26.09.2019) 2P : 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2