Madras High CourtCRL OP(MD)/13558/2019ordered

Chinnakaruppan v. The Deputy Superintendent Of Police

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

CRL.O.P (MD) No.13558 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.13558 of 2019

1. Chinnakaruppan

2. Balakrishnan

3. Chinnsamy

4. Arjunan ... Petitioners/Accused Rank Not Known/ Petitioners 1 to 4 Vs 1.The State rep. by The Deputy Superintendent of Police, Peraiyur Sub Division Madurai District 2.The Inspector of Police Peraiyur Police Station Madurai District ... Respondents/Complainants 3.Selvamani ... Respondent/Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the learned III Additional District and Sessions Judge (PCR) Madurai, Madurai District to accept the surrender of these petitioners and consider their bail application on the same day in connection with cr.No.194 of 2019 pending investigation on the file of the respondent.

For Petitioners : Mr.P.Ammavasi 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 III Additional District and Sessions Judge (PCR) Madurai, Madurai District to consider the bail petition of the petitioners on the same day of surrender and dispose the same on the same date on merits and in accordance with law in crime No.194 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) https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL.O.P (MD) No.13558 of 2019 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 learned III Additional District and Sessions Judge (PCR) Madurai, Madurai District, to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Crime No. 194 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 (AD-II) // True Copy // Sub Assistant Registrar(CS) aav To 1.The III Additional District and Sessions Judge (PCR) Madurai, Madurai District

2. The Deputy Superintendent of Police, Peraiyur Sub Division Madurai District 3.The Inspector of Police Peraiyur Police Station Madurai District 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.P.AMMAVASAI, Advocate ( SR-90009[F] dated 27/09/2019 ) Order made in CRL.O.P (MD) No.13558 of 2019 26.09.2019 JMN(27.09.2019) 2P : 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2