Palaniraju v. The Deputy Superintendent Of Police
CRL.O.P (MD) No.15068 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.10.2019
CORAM
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CRL.O.P (MD) No.15068 of 2019 Palaniraju @ Palaniraj ... Petitioner Vs 1.The Deputy Superintendent of Police Karaikudi Division Sivagangai District
2. The Inspector of Police Sakkottai Police Station Sivagangai District Crime No.224 of 2019
3. Thamilarasu ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the Honourable Additional Sessions Judge (PCR Court) Sivagangai District to consider the bail application filed by the Petitioner and pass order in the bail Application filed by the Petitioner on the same date of the Surrender in Cr No.224 of 2019 on the file of the second respondent in accordance with law. For Petitioner : Mr.K.M.Karunakaran 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 Additional Sessions Judge (PCR Court) Sivagangai 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.224 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 Additional Sessions Judge (PCR Court) Sivagangai District to consider the petitioner's bail application, preferably on the same day of his surrender in connection with Crime No. 224 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 https://hcservices.ecourts.gov.in/hcservices/ 1/2
CRL.O.P (MD) No.15068 of 2019 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) To 1.The Additional Sessions Judge (PCR Court) Sivagangai District 2.The Deputy Superintendent of Police Karaikudi Division Sivagangai District
3. The Inspector of Police Sakkottai Police Station Sivagangai District 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.K.M.KARUNAKARAN, Advocate ( SR-93519[F] dated 22/10/2019 ) CRL.O.P (MD) No.15068 of 2019 22.10.2019 KK/SAR/23.10.2019/2P-6C/ https://hcservices.ecourts.gov.in/hcservices/ 2/2