Madras High CourtCRL OP(MD)/13421/2019ordered

Palanichamy v. The Deputy Superintendent Of Police

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

CRL.O.P (MD) No.13421 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.13421 of 2019 1.Palanichamy 2.Mani @ Subramani ... Petitioners Vs 1.State rep. By, The Deputy Superintendent of Police, Ottanchathiram Sub Division, Ottanchathiram, Dindigul District.

2.State Rep. By, The Inspector of Police, Edayakottai Police Station, Dindigul District, In Crime No.62 of 2019.

3.Kuppuchamy ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the learned District Principal Sessions Court (P.C.R. Court), Dindigul to consider of the bail application on the surrender of the petitioners in connection with case in Crime No.62 of 2019, pending investigation on the file of the second respondent Police on merits on the same day.

For Petitioner : Mr.S.Karthik 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 District Principal Sessions Court (P.C.R. Court), Dindigul, to consider the petitioners' 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.62 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 https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL.O.P (MD) No.13421 of 2019 misusing the pious intention of the Parliament against innocent persons, there shall be a direction to the District Principal Sessions Court (P.C.R. Court), Dindigul, to consider the petitioners' bail application, preferably on the same day of his surrender in connection with Crime No.62 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 To 1.The District Principal Sessions Court (P.C.R. Court), Dindigul 2.The Deputy Superintendent of Police, Ottanchathiram Sub Division, Ottanchathiram, Dindigul District.

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

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

+1 CC to M/s.S.KARTHIK, Advocate ( SR-89449[F] dated 26/09/2019 ) Order made in CRL.O.P (MD) No.13421 of 2019 25.09.2019 vsg JM/26.09.2019/2P/6C https://hcservices.ecourts.gov.in/hcservices/ 2/2