Madras High CourtCRL OP(MD)/14819/2019ordered

Ithalmuthu v. The Deputy Superintendent Of Police

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

Crl.O.P.(MD) No.14819 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.14819 of 2019 Ithalmuthu ... Petitioner/Accused No.4 Vs 1.The Deputy Superintendent of Police, Valliyoor Sub Division Tirunelveli District 2.The Inspector of Police Kalakkadu Police Station Tirunelveli District ... Respondents/Complainant 3.Robin ... Respondent/ Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the learned II Additional district and Sessions judge cum P.C.R Court Tirunelveli Tirunelveli District to consider and dispose of the bail application to be filed by the Petitioner on the same day of its filing on his surrender in connection with the case in Crime No.424 of 2019 on the file of the Inspector of Police, Kalakkadu Police Station, Tirunelveli District. For Petitioner : Mr.R.Anand 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 and Sessions judge cum P.C.R Court Tirunelveli Tirunelveli District 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.424 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 and Sessions judge cum P.C.R Court Tirunelveli Tirunelveli District, to consider the petitioner's bail application, preferably https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD) No.14819 of 2019 on the same day of his surrender in connection with Crime No. 424 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(CS-III) // True Copy // Sub Assistant Registrar(CS) aav To 1.The II Additional district and Sessions judge cum P.C.R Court Tirunelveli Tirunelveli District 2.The Deputy Superintendent of Police, Valliyoor Sub Division Tirunelveli District 3.The Inspector of Police Kalakkadu Police Station Tirunelveli District 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1CC TO MR.R.ANAND, Advocate Sr. No. 93076 Order made in CRL.O.P (MD) No.14819 of 2019 18.10.2019 KM(CO) TR(21.10.2019) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2