Madras High CourtCRL OP(MD)/14825/2019ordered

R. Raja v. The Deputy Superintendent Of Police

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

CRL.O.P (MD) No.14825 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.14825 of 2019 R.Raja ... Petitioner/Accused No.4 Vs 1.The Deputy Superintendent of Police, Thiruappathur, Sivagangai District 2.The Inspector of Police S.V.Mangalam Police Station Sivagangai District ... Respondents/Complainants 3.Malairajan ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the learned PCR Court, Sivagangai to accept the surrender of the petitioner and consider the bail application on the date of surrender in Crime No.4 of 2017 on the file of the 2nd respondent police.

For Petitioner : Mr.B.Rajesh 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 PCR Court, 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.4 of 2017 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 PCR Court, Sivagangai , to consider the petitioner's bail application, preferably on the same day of his surrender in connection with Crime No. 4 of 2017 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.14825 of 2019

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

Sd/- Assistant Registrar (W) // True Copy // Sub Assistant Registrar(CS) To 1.The PCR Court, Sivagangai 2.The Deputy Superintendent of Police, Thiruappathur, Sivagangai District 3.The Inspector of Police S.V.Mangalam Police Station Sivagangai District 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.B.RAJESH, Advocate ( SR-93012[F] dated 18/10/2019 ) CRL.O.P (MD) No.14825 of 2019 18.10.2019 KK/SAR/21.10.2019/2P-6C/ https://hcservices.ecourts.gov.in/hcservices/ 2/2