Madras High CourtCRL OP(MD)/13412/2019ordered

Varathan @ Varathamuneesvaran v. The Deputy Superintendent Of Police

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

CRL.O.P (MD) No.13412 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.13412 of 2019 Varathan @ Varathamuneesvaran ... Petitioner/Accused No.1 Vs 1.The Deputy Superintendent of Police, Sivagangai District.

2.The Inspector of Police, Poovanthi Police Station, Sivagangai District.

(In Crime No.95 of 2019) ... Respondent Nos.1 & 2/ Complainant 3.Rajiv Ganthi ... 3rd Respondent/Victim/ Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the Principal District and Sessions Judge (Special Court for PCR Cases), Sivagangai and to consider his bail application on the same day of his surrender in respect of Crime No.95 of 2019 on the file of the second respondent pending investigation.

For Petitioner : Mr.K.S.Durai Pandian 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 Principal District and Sessions Judge (Special Court for PCR Cases), Sivagangai, 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.95 of 2019 on the file of the second 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.13412 of 2019 persons, there shall be a direction to the Principal District and Sessions Judge (Special Court for PCR Cases), Sivagangai, to consider the petitioner's bail application, preferably on the same day of his surrender in connection with Crime No.95 of 2019 on the file of the second 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 Principal District and Sessions Judge, (Special Court for PCR Cases), Sivagangai.

2.The Deputy Superintendent of Police, Sivagangai District.

3.The Inspector of Police, Poovanthi Police Station, Sivagangai District.

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

Order made in CRL.O.P (MD) No.13412 of 2019 25.09.2019 JMN(26.09.2019) 2P : 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2