Madras High CourtCRL OP(MD)/15067/2019ordered

Ajithraj v. The Deputy Superintendent Of Police

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

CRL.O.P (MD) No.15067 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.15067 of 2019 Ajithraj ... Petitioner Vs 1.The Deputy Superintendent of Police Valliyoor Tirunelveli District

2. The Inspector of Police Panagudi Police Station Tirunelveli District Crime No.239 of 2019

3. Gopal ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying direct the learned II Additional District Judge PCR Tirunelveli to accept the surrender of the petitioner /accused and consider the petitioner bail application and grant bail on the date of surrender itself in Cr.No.239/2019 on the file of 2nd respondent police.

For Petitioner : Mr.C.Susikumar 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 II Additional District Judge PCR Tirunelveli 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.239 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 II Additional District Judge PCR Tirunelveli , to consider the petitioner's bail application, preferably on the same day of his surrender in connection with Crime No. 239 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 https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL.O.P (MD) No.15067 of 2019 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) To 1.The II Additional District Judge PCR Tirunelveli 2.The Deputy Superintendent of Police Valliyoor Tirunelveli District

3. The Inspector of Police Panagudi Police Station Tirunelveli District 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.C. SUSI KUMAR, Advocate ( SR-93794[F] dated 23/10/2019 ) CRL.O.P (MD) No.15067 of 2019 22.10.2019 KK/SAR/23.10.2019/2P-6C/ https://hcservices.ecourts.gov.in/hcservices/ 2/2