Madras High CourtCRL OP(MD)/13814/2019ordered

Neelamegam v. The Deputy Superintendent Of Police

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

Crl.O.P.(MD) No.13814 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.13814 of 2019 Neelamegam ... Petitioner/Accused Vs 1.The Deputy Superintendent of Police, Tiruchuli Sub Division Virudhunagar District 2.State Rep. by The Sub Inspector of Police Veeracholan Police Station Virudhunagar District 3.Nallammal ... 3rd Respondent/Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the learned Special Court for SC/ST Act (POA), Virudhunagar District at Srivilliputhur to accept the surrender of the petitioner and consider his bail application on the same day on merit relating to Crime No. 22 of 2019, dated 09.03.2019.

For Petitioner : Mr.S.J.Chakkaravarthy 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 for SC/ST Act (POA), Virudhunagar District at Srivilliputhur 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.22 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 Special Court for SC/ST Act (POA), Virudhunagar District at Srivilliputhur, to consider the petitioner's bail application, preferably on the same day of his surrender in connection with Crime No. 22 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 https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD) No.13814 of 2019 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 (P AND A) // True Copy // Sub Assistant Registrar(CS) aav To 1.The Special Court for SC/ST Act (POA), Virudhunagar District at Srivilliputhur 2.The Deputy Superintendent of Police, Tiruchuli Sub Division Virudhunagar District

3. The Sub Inspector of Police Veeracholan Police Station Virudhunagar District 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.S.J. CHAKKARAVARTHI, Advocate ( SR-90368[F] dated 30/09/2019 ) CRL.O.P (MD) No.13814 of 2019 30.09.2019 KK/SAR/01.10.2019/2P-6C/ https://hcservices.ecourts.gov.in/hcservices/ 2/2