Madras High CourtCRL OP(MD)/13403/2019ordered

Kappal @ Velusamy v. The Inspector Of Police

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

CRL.O.P (MD) No.13403 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.13403 of 2019 1.Kappal @ Velusamy 2.Palanichamy 3.Kariyamal Ramasamy 4.Jeya @ Jeyalakshmi ... Petitioners Vs 1.The Inspector of Police, Thenkarai Police Station, Theni District.

(In Crime No.249 of 2019) 2.The Deputy Superintendent of Police, Periyakulam Circle, Theni District.

3.Surender 4.Ajith Kumar ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the Principal District and Sessions Court, Theni to consider the surrender and bail application filed by the petitioners in crime No.249 of 2019 pending on the file of the respondent police on the same day.

For Petitioner : Mr.R.Gandhi 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 Court, Theni, 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.249 of 2019 on the file of the first respondent. https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL.O.P (MD) No.13403 of 2019 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 Principal District and Sessions Court, Theni, to consider the petitioners' bail application, preferably on the same day of his surrender in connection with Crime No.249 of 2019 on the file of the first 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 the Principal District and Sessions Court, Theni.

2.The Deputy Superintendent of Police, Periyakulam Circle, Theni District.

3.The Inspector of Police, Thenkarai Police Station, Theni District.

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

+1 CC to M/s.R. GANDHI, Advocate ( SR-89648[F] dated 26/09/2019 ) Order made in CRL.O.P (MD) No.13403 of 2019 25.09.2019 vsg JM/26.09.2019/2P/6C https://hcservices.ecourts.gov.in/hcservices/ 2/2