Madras High CourtCRL OP(MD)/13483/2019ordered

Kalaiyarasan v. The Deputy Superintendent Of Police

2019-09-25Honourable Mr Justice G.K. Ilanthiraiyan3 pages

BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT DATED: 25.09.2019

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN 1.Kalaiyarasan 2.Rajkumar 3.Navamani 4.Ramalingam 5.Sridhar 6.Siva 7.Babu 8.Gurunathan 9.Gopinath 10.Vettriselvan 11.Lakshmanan 12.Madhavan 13.Lalitha 14.Geetha 15.Karthi @ Karthikeyan 16.Rajasekar 17.Backiyaraj @ Durai 18.Murugan @ Balamurugan 19.Sathish ... Petitioners Vs 1.State rep. By, The Deputy Superintendent of Police, Kumbakonam, Thanjavur District.

2.The Inspector of Police, Swamimalai Police Station, Thanjavaur District, In Crime No.198 of 2019.

3.Anbarasu 4.Rathi 5.Tamil Vallarasu 6.Raguraman 7.Suresh 8.Aravindan 9.Chitra 10.Kumar ... Respondents 1/3

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the learned Principal District and Sessions Court, (PCR Cases), Thanjavur, to consider the bail application of the petitioner to be filed in Crime No.198 of 2019 on the file of the second respondent Police and to accept his surrender on the same day on merits.

For Petitioners : Mr.C.Ezhilarasu 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, (PCR Cases), Thanjavur, 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.198 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 persons, there shall be a direction to the Principal District and Sessions Court, (PCR Cases), Thanjavur, to consider the petitioners' bail application, preferably on the same day of his surrender in connection with Crime No.

198 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 2/3

To 1.The Principal District and Sessions Judge, (PCR Cases), Thanjavur.

2.The Deputy Superintendent of Police, Kumbakonam, Thanjavur District.

3.The Inspector of Police, Swamimalai Police Station, Thanjavaur District, 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Order made in 25.09.2019 JMN(26.09.2019) 3P : 5C 3/3