Madras High CourtCRL OP(MD)/14142/2019ordered

S. Ilayaraja v. The Deputy Superintendent Of Police

2019-10-04Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD) No.14142 of 2019 BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT DATED: 04.10.2019

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CRL.O.P (MD) No.14142 of 2019

1. S.Ilayaraja

2. Arumumgam

3. S.Dhanapal 4.Madhu ... Petitioners Vs The State Rep.by 1.The Deputy Superintendent of Police, Thiruverumbur Circle Trichy District 2.The Inspector of Police Navalpattu Police Station Trichy District Crime No. 132 of 2019 3.Thangapandian ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the Special Judge for SC/ST ( Prevention of Atrocities ) Act, 1st Additional District and Sessions Judge (PCR Unit ) Trichy district to consider the bail application of the Petitioners on the same day of their surrender in Crime No. 132 of 2019 on the file of the second respondent police. For Petitioners : Mr.S.Sathya Chidambaram 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 Judge for SC/ST ( Prevention of Atrocities ) Act, 1st Additional District and Sessions Judge (PCR Unit ) Trichy district , 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.132 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 https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD) No.14142 of 2019 misusing the pious intention of the Parliament against innocent persons, there shall be a direction to the Special Judge for SC/ST ( Prevention of Atrocities ) Act, 1st Additional District and Sessions Judge (PCR Unit ) Trichy district , to consider the petitioners bail application, preferably on the same day of their surrender in connection with Crime No. 132 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() // True Copy // Sub Assistant Registrar(CS) aav To 1.The Special Judge for SC/ST ( Prevention of Atrocities ) Act, 1st Additional District and Sessions Judge (PCR Unit ) Trichy district 2.The Deputy Superintendent of Police, Thiruverumbur Circle Trichy District 3.The Inspector of Police Navalpattu Police Station Trichy District 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1CC TO MR.S.SATHYA CHIDAMBARAM, Advocate Sr. No. 91274 Order made in CRL.O.P (MD) No.14142 of 2019 04.10.2019 KMV(CO) TR(14.10.2019) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2