Madras High CourtCRL OP(MD)/15225/2019ordered

Pothiyazhagan v. The Deputy Superintendent Of Police

2019-10-24Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD) No.15225 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.10.2019

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CRL.O.P (MD) No.15225 of 2019

1. Pothiyazhagan

2. Indra

3. Azhagi

4. Selvi

5. Kathammal ... Petitioners/Accused No.4,7 to 10 Vs 1.The Deputy Superintendent of Police, Dindigul, Dindigul District 2.The Inspector of Police Natham Police Station Dindigul District ... Respondents 1 & 2/Complainants 3.Suganiya ... 3rd Respondent/Defacto Complainant 4.Murugesan ... 4th Respondent/Victim PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the learned Principal District and Sessions Judge (PCR) Court Dindigul to accept the surrender of the Petitioner and consider his bail application on the same day on merit relating in Cr No. 704/2019 dated. 08.10.2019 For Petitioners : Mr.C.Jeyaprakash 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 Jude (PCR) Court Dindigul, 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.704 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 Jude (PCR) Court Dindigul, 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.15225 of 2019 surrender in connection with Crime No. 704 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) // True Copy // Sub Assistant Registrar(CS) aav To 1.The Principal District and Sessions Judge (PCR) Court Dindigul 2.The Deputy Superintendent of Police, Dindigul, Dindigul District 3.The Inspector of Police Natham Police Station Dindigul District 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1CC TO MR.C.JEYA PRAKESH, Advocate Sr. No. 94382 Order made in CRL.O.P (MD) No.15225 of 2019 24.10.2019 SGS(CO) TR(25.10.2019) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2