Madras High CourtCRL OP(MD)/14810/2019ordered

Muthaiah v. The Deputy Superintendent Of Police

2019-10-18Honourable Mr Justice G.K. Ilanthiraiyan2 pages

CRL.O.P (MD) No.14810 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.10.2019

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CRL.O.P (MD) No.14810 of 2019 Muthaiah ... Petitioner Vs 1.The Deputy Superintendent of Police, Manamadurai Sivagangai District 2.The Inspector of Police Thiruppuvanam Police Station Sivagangai District 3.Priya ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the learned Principal District and Sessions Court (PCR Cases), Sivagangai to consider the bail application of the petitioner to be file in Cr.No.352 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.Ramu 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 Court (PCR Cases), 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.352 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 District and Sessions Court (PCR Cases), Sivagangai, to consider the petitioner's bail application, preferably on the same day of his surrender in connection with Crime No. 352 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.

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

CRL.O.P (MD) No.14810 of 2019

3. In view of the above, the Criminal Original Petition stands allowed.

Sd/- Assistant Registrar (W) // True Copy // Sub Assistant Registrar(CS) aav To 1.The Principal District and Sessions Court (PCR Cases), Sivagangai 2.The Deputy Superintendent of Police, Manamadurai Sivagangai District 3.The Inspector of Police Thiruppuvanam Police Station Sivagangai District 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.M.RAMU, Advocate ( SR-92824[F] dated 18/10/2019 ) CRL.O.P (MD) No.14810 of 2019 18.10.2019 KK/SAR/21.10.2019/2P-6C/ https://hcservices.ecourts.gov.in/hcservices/ 2/2