Madras High CourtCRL OP(MD)/13927/2019ordered

Mahendran v. The Deputy Superintendent Of Police(Rural)

2019-10-01Honourable Mr Justice G.K. Ilanthiraiyan2 pages

CRL.O.P (MD) No.13927 of 2019 BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT DATED: 01.10.2019

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CRL.O.P (MD) No.13927 of 2019 Mahendran ... Petitioner Vs 1.The Deputy Superintendent of Police(Rural) Dindigul, Dindigul District 2.The Inspector of Police Thadikombu Police Station Tirunelveli District 3.Shanmuga Sundari ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the learned Special Court (SC/ST Cases), Dindigul to consider the bail application on his surrender on the same day, if any petition filed by the petitioner in Crime No.477/2018 on the file of 2nd respondent and thus render justice. For Petitioner : Mr.N. Kamesh 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 Special Court (SC/ST Cases), Dindigul to consider the bail petition of the petitioner on the same day of surrender and dispose the same on merits and in accordance with law in crime No.477 of 2018 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 of the possibility of misusing the pious intention of the Parliament against innocent persons, there shall be a direction to the Special Court (SC/ST Cases), Dindigul, to consider the petitioner's bail application, preferably on the same day of his surrender in connection with Crime No. 477 of 2018 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 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.

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CRL.O.P (MD) No.13927 of 2019

3. In view of the above, the Criminal Original Petition stands allowed.

Sd/- Assistant Registrar (CO) // True Copy // Sub Assistant Registrar(CS) To 1.The Special Judge (SC/ST Cases), Dindigul 2.The Deputy Superintendent of Police(Rural) Dindigul, Dindigul District 3.The Inspector of Police Thadikombu Police Station Tirunelveli District 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.N. KAMESH, Advocate ( SR-90767[F] dated 01/10/2019 ) CRL.O.P (MD) No.13927 of 2019 01.10.2019 KK/SAR/03.10.2019/2P-6C/ https://hcservices.ecourts.gov.in/hcservices/ 2/2