Madras High CourtCRL OP(MD)/14384/2019ordered

Shanmugavel v. The Deputy Superintendent Of Police

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

Crl.O.P.(MD) No.14384 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.14384 of 2019 Shanmugavel ... Petitioner Vs 1.State Rep. by The Deputy Superintendent of Police, Bodinaickanoor Sub Division, Theni District.

2.State Rep. by The Inspector of Police Chinnamanur Police Station Theni District.

In Crime No.520 of 2019 3.Perumal ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the learned Principal District Court (PCR Court) Theni to consider of the bail application on the surrender of the petitioner in connection with case in Crime No.520 of 2019, pending investigation on the file of the 2nd respondent police on merits on the same day.

For Petitioner : Mr.S.Balakarthik 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 Principal District Court (PCR Court) Theni, 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.520 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 of the possibility of misusing the pious intention of the Parliament against innocent persons, there shall be a direction to the Principal District Court (PCR Court) Theni, to consider the petitioner's bail application, preferably on the same day of his surrender in connection with Crime https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD) No.14384 of 2019 No.520 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(CO) // True Copy // Sub Assistant Registrar(CS) aav To 1.The Principal District Court (PCR Court) Theni. 2.The Deputy Superintendent of Police, Bodinaickanoor Sub Division, Theni District.

3.The Inspector of Police Chinnamanur Police Station Theni District.

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

Order made in CRL.O.P (MD) No.14384 of 2019 14.10.2019 TR(15.10.2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2