Madras High CourtCRL OP(MD)/15069/2019ordered

Mohan v. The Deputy Superintendent Of Police

2019-10-22Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD) No.15069 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.10.2019

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CRL.O.P (MD) No.15069 of 2019

1. Mohan

2. Kumar

3. Veeranan

4. R.Karuppanan

5. M.Pappu ... Petitioners Vs 1.The Deputy Superintendent of Police, Umatchikulam, Madurai District 2.The Sub Inspector of Police Y.Othakadai Police Station Madurai District Crime No.308 of 2017 3.Muniyasamy ... 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 /3rd Additional District and Sessions Judge (PCR unit) Madurai to consider the bail application of the Petitioner on the same day of their surrender in Cr No. 308/2017 on the file of the respondent police For Petitioners : Mr.R.Manoharan 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 Special Judge for SC/ST (Prevention of Atrocities ) Act /3rd Additional District and Sessions Judge (PCR unit) 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.308 of 2017 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 https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD) No.15069 of 2019 persons, there shall be a direction to the learned Special Judge for SC/ST (Prevention of Atrocities ) Act /3rd Additional District and Sessions Judge (PCR unit) Madurai, to consider the petitioners bail application, preferably on the same day of their surrender in connection with Crime No. 308 of 2017 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) aav To 1.The Special Judge for SC/ST (Prevention of Atrocities ) Act / 3rd Additional District and Sessions Judge (PCR unit) Madurai 2.The Deputy Superintendent of Police, Umatchikulam, Madurai District 3.The Sub Inspector of Police Y.Othakadai Police Station Madurai District 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Order made in CRL.O.P (MD) No.15069 of 2019 22.10.2019 KK(23.10.2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2