Patti Ochan v. The Deputy Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.10.2019

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN 1.Patti Ochan 2.Chinnaraj @ Chinrasu 3.Murugan @ Vijaya Murugan 4.Veera @ Veeru 5.Ramar 6.Kandhan @ Kandasamy 7.Muthuraman 8.Velu @ Velmurugan 9.Sasikumar 10.Muthusamy 11.Periyasamy 12.Periyasamy 13.Nagendran 14.Vellaichamy 15.Periya Ochan 16.Kalimuthu 17.Chinnakali @ Kalidoss ... Petitioners Vs 1.The Deputy Superintendent of Police, Peraiyur Sub Division, Madurai District.

2.The Sub-Inspector of Police, Nagaiyahpuram Police Station, Madurai District.

(Crime No.31 of 2019) 3.Murugan 4.Arumugam 5.Karuppasamy 6.Muniyandi 7.Ayyar ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the learned III Additional District Judge, (PCR cases), Madurai to accept the surrender of the petitioners and consider their bail application on the same day on merits in relating to Crime No.31 of 2019 dated 08.06.2019, on the file of the 2nd respondent police.

For Petitioners : Mr.A.Anandaraj For Respondents : Mr.K.Suyambulinga Bharathi, G.A. (Crl. Side) for RR1 and 2 1/3

O R D E R

This petition is filed for a direction to direct the learned III Additional District Judge, (PCR cases), Madurai, to consider the bail petition of the petitioners on the same day of surrender and dispose the same on merits and in accordance with law in crime No.31 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 learned III Additional District Judge, (PCR cases), Madurai, to consider the petitioners bail application, preferably on the same day of their surrender in connection with Crime No.31 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 (CO) // True Copy // Sub Assistant Registrar(CS) To 1.The III Additional District Judge, (PCR cases), Madurai. 2.The Deputy Superintendent of Police, Peraiyur Sub Division, Madurai District.

3.The Sub-Inspector of Police, Nagaiyahpuram Police Station, Madurai District.

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4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.A.ANANDARAJ, Advocate ( SR-91742[F] dated 14/10/2019 ) Order made in 14.10.2019 KK/SAR/15.10.2019/3P-6C/ 3/3