Madras High CourtCRL OP(MD)/13562/2019ordered

Karhikeyan v. The Deputy Superintendent Of Police

2019-09-26Honourable Mr Justice G.K. Ilanthiraiyan2 pages

CRL.O.P (MD) No.13562 of 2019 BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT DATED: 26.09.2019

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CRL.O.P (MD) No.13562 of 2019

1. Karthikeyan

2. P.Bharathikkumar ... Petitioners/Accused Nos.2 & 4 Vs 1.The Deputy Superintendent of Police, Alangudi Range Pudukottai District 2.The Inspector of Police Machaiyur Police Station Pudukottai District (Crime No.37/2019) ... 1st and 2nd Respondents/Complainant 3.Anandbanu ... 3rd Respondent/Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the learned principal District and Sessions Judge (PCR Cases) under SC/ST Act, Pudukkottai ,to accept the surrender of the Petitioners and consider the bail application on the same day in Cr No. 37/2019 on the file of the respondent police For Petitioners : Mr.K.N.Govardhanan For Respondents : 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 learned principal District and Sessions Judge (PCR Cases) under SC/ST Act, Pudukottai, to consider the bail petition of the petitioners on the same day of surrender and dispose the same on merits and in accordance with law in crime No.37 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 the possibility of https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL.O.P (MD) No.13562 of 2019 misusing the pious intention of the Parliament against innocent persons, there shall be a direction to the learned principal District and Sessions Judge (PCR Cases) under SC/ST Act, Pudukottai, to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Crime No. 37 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 petitioners 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 (Records) // True Copy // Sub Assistant Registrar(CS) aav To 1.The principal District and Sessions Judge (PCR Cases) under SC/ST Act, Pudukottai 2.The Deputy Superintendent of Police, Alangudi Range Pudukottai District 3.The Inspector of Police Machaiyur Police Station Pudukottai District 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.K.N.GOVARDHANAN, Advocate ( SR-89465[F] dated 26/09/2019 ) Order made in CRL.O.P (MD) No.13562 of 2019 26.09.2019 JMN(27.09.2019) 2P : 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2