Madras High CourtCRL OP(MD)/14401/2019ordered

Manikandan v. The Assistant Commissioner Of Police

2019-10-14Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD) No.14401 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.10.2019

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CRL.O.P (MD) No.14401 of 2019 1.Manikandan 2.Muniswaran 3.Pandeeswari 4.S.Rohini ... Petitioners Vs 1.The Assistant Commissioner of Police, Thirupparankundram, Madurai Town.

2.The State Through The Inspector of Police, Thirunagar Police Station, Madurai District.

3.M.P.Sekar ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the learned III Additional District and Sessions Court (PCR Court) Madurai District to consider the bail application of the petitioners / Accused No.3,4,6 and 7 in Cr.No.356 of 2019, pending on the file of the 1st and 2nd respondents police on the same day in the nature and circumstances of the case and in the interest of justice.

For Petitioners : M/s.Dhana Law Associates 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 learned III Additional District and Sessions Judge (PCR Court) Madurai 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.356 of 2019, on the file of the 1st and 2nd respondents.

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 https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD) No.14401 of 2019 persons, there shall be a direction to the learned III Additional District and Sessions Judge (PCR Court) Madurai District to consider the petitioners bail application, preferably on the same day of their surrender in connection with Crime No.356 of 2019, on the file of the 1st and 2nd respondents 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) aav To 1.The III Additional District and Sessions Court (PCR Court) Madurai District.

2.The Assistant Commissioner of Police, Thirupparankundram, Madurai Town.

3.The Inspector of Police, Thirunagar Police Station, Madurai District.

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

Order made in CRL.O.P (MD) No.14401 of 2019 14.10.2019 TR(14.10.2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2