Madras High CourtCRL OP(MD)/14583/2019ordered

Manoharan v. The Deputy Superintendent Of Police

2019-10-16Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD) No.14583 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.10.2019

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CRL.O.P (MD) No.14583 of 2019

1. Manoharan

2. Sathiyendiran (*)3.Thirumalai @ Thirumalai Raja ... Petitioners Vs 1.The Deputy Superintendent of Police, Thiruppathur Sub Division Thiruppathur Sivagangai District

2. The Inspector of Police Thiruppathur Town Police Station Sivagangai District 3.Chinnathambi ... 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 accept the surrender of the Petitioners and consider the bail application on the same day on merits in relating in Cr No. 166/2019 dated 01.10.2019 on the file of the respondent police.

For Petitioners : Mr.D.Ramesh Kumar 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 petitioners on the same day of surrender and dispose the same on merits and in accordance with law in crime No.166 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 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 Judge (PCR Court) Sivagangai, to consider the petitioners bail application, preferably on the same day of their https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD) No.14583 of 2019 surrender in connection with Crime No. 166 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 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) (*)amented as per order dated 22.10.2019 made in CRL OP(MD).14583 OF 2019 Sd/- Assistant Registrar(AE) // True Copy // Sub Assistant Registrar(CS) aav To (*)TO BE SUBSTITUTED THE ORDER ALREADY DESPATCHED ON 17.10.2019 1.The Principal District and Sessions Judge (PCR Court) Sivagangai 2.The Deputy Superintendent of Police, Thiruppathur Sub Division Thiruppathur Sivagangai District

3. The Inspector of Police Thiruppathur Town Police Station Sivagangai District 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1CC TO MR.D.RAMESH KUMAR, Advocate Sr. No. 92375 Order made in CRL.O.P (MD) No.14583 of 2019 16.10.2019 TR(17.10.2019) 2P 6C TR(23.10.2019) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2