Madras High CourtCRL OP(MD)/13812/2019ordered

S.Sundaram v. The Deputy Superintendent Of Police

2019-09-30Honourable Mr Justice G.K. Ilanthiraiyan2 pages

CRL.O.P (MD) No.13812 of 2019 BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT DATED: 30.09.2019

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CRL.O.P (MD) No.13812 of 2019 S.Sundaram ... Petitioner/ Accused Vs The State rep. by 1.The Deputy Superintendent of Police, Thoothukudi Rural Police Station Thoothukudi District.

2.The Inspector of Police Thatchanallur Police Station Tirunelveli City .. Respondents/ Complainants 3.Murugan ... Respondent/ Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the District Sessions Court,(SC/ST (POA) Act), Thirunelveli to consider the surrender and Bail application filed by the petitioners in Crime No. 105 of 2019 dated 12.06.2019 pending on the file of the Thatchanallur Police Station on the same day For Petitioner : Mr.K.Anand 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 District Sessions Court,(SC/ST (POA) Act), Thirunelveli 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.105 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 misusing the pious intention of the Parliament against innocent persons, there shall be a direction to the District Sessions Court, (SC/ST (POA) Act), Thirunelveli, to consider the petitioner's bail https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL.O.P (MD) No.13812 of 2019 application, preferably on the same day of his surrender in connection with Crime No. 105 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 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 (AD-I) // True Copy // Sub Assistant Registrar To 1.The District Sessions Court,(SC/ST (POA) Act), Thirunelveli 2.The Deputy Superintendent of Police, Thoothukudi Rural Police Station Thoothukudi District 3.The Inspector of Police Thatchanallur Police Station Tirunelveli City 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.K.ANAND, Advocate ( SR-90273[F] dated 30/09/2019 Order made in CRL.O.P (MD) No.13812 of 2019 30.09.2019 AAV MS/01.10.2019/2P.6C https://hcservices.ecourts.gov.in/hcservices/ 2/2