Madras High CourtCRL OP(MD)/14511/2019ordered

Prakash v. The Deputy Superintendent Of Police

2019-10-15Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD) No.14511 of 2019 BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT DATED: 15.10.2019

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CRL.O.P (MD) No.14511 of 2019 Prakash ... Petitioner Vs 1.The Deputy Superintendent of Police, Thirupathur, Sivagangai District 2.The Inspector of Police Thirukostiyur Police Station Sivagangai District 3.Muruganantham 4.Alagumathi 5.Boopathy 6.Gracy ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the learned Principal District and Sessions Judge (PCR Court), Sivagangai to consider the bail application ofn the Petitioners/Accused to be filed in Cr.No. 107 of 2019 on the file of the 2nd Respondent Police and to accept his surrender on the same day on merits For Petitioner :

Mr.M.Murugesan 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 Principal District and Sessions Judge (PCR Court), Sivagangai 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.107 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 learned Principal https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD) No.14511 of 2019 District and Sessions Judge (PCR Court), Sivagangai, to consider the petitioner's bail application, preferably on the same day of his surrender in connection with Crime No. 107 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 and Sessions Judge (PCR Court), Sivagangai 2.The Deputy Superintendent of Police, Thirupathur, Sivagangai District 3.The Inspector of Police Thirukostiyur Police Station Sivagangai District 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1CC TO MR.M.MURUGESAN, Advocate Sr. No. 92063 Order made in CRL.O.P (MD) No.14511 of 2019 15.10.2019 TR(16.10.2019) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2