Madras High CourtCRL OP(MD)/13323/2019ordered

Pasumpondevi v. The Deputy Superintendent Of Police

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

CRL.O.P (MD) No.13323 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.13323 of 2019 Pasumpondevi ... Petitioner Vs 1.The Deputy Superintendent of Police, Dindigul Rural, Dindigul District.

2.The State Rep. By, The Inspector of Police, Dindigul Taluk Police Station, Dindigul District.

(in Crime No.244 of 2019) 3.Sarasu ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the Special Court of SC/ST (POA) Act, Sessions Judge, Dindigul to accept the surrender of the petitioner and consider his bail application and grant bail on the same date of surrender itself in connection with the case in Crime No.244 of 2019, registered on 31.05.2019 on the file of the second respondent Police.

For Petitioner : Mr.J.Lawrance For Respondents 1 & 2 : 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 Special Court of SC/ST (POA) Act, Sessions Judge, Dindigul, 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.244 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 https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL.O.P (MD) No.13323 of 2019 persons, there shall be a direction to the Special Court of SC/ST (POA) Act, Sessions Judge, Dindigul, to consider the petitioner's bail application, preferably on the same day of his surrender in connection with Crime No. 244 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 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 Court of SC/ST (POA) Act, Dindigul 2.The Deputy Superintendent of Police, Dindigul Rural, Dindigul District.

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

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

+1 CC to M/s.J.LAWRANCE, Advocate ( SR-89476[F] dated 26/09/2019 ) Order made in CRL.O.P (MD) No.13323 of 2019 25.09.2019 JMN(26.09.2019) 2P : 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2