Madras High CourtCRL OP(MD)/14806/2019ordered

Arumuga Nainar @ Nainar Pandian v. The Deputy Superintendent Of Police

2019-10-17Honourable Mr Justice G.K. Ilanthiraiyan2 pages

CRL.O.P (MD) No.14806 of 2019 BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT DATED: 17.10.2019

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CRL.O.P (MD) No.14806 of 2019 Arumuga Nainar @ Nainar Pandian ... Petitioner Vs 1.The Deputy Superintendent Of Police, Nanguneri Division, Tirunelveli District.

2.The Inspector of Police Kalakkad Police Station, Tirunelveli District (Crime No.424 of 2019)

3. Robin ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the learned II Additional Session Judge (PCR), Tirunelveli to pass order on the bail petition filed by the petitioner on the same day of surrender in crime No.424 of 2019 on the file of the Inspector of Police, Kalakad Police Station, Tirunelveli District.

For Petitioner : Mr.N.Mohideen Basha For R1 and R2 : Mr.K.Suyambulinga Bharathi, Government Advocate(crl.side)

O R D E R

This petition has been filed for a direction, to direct the learned II Additional Session Judge (PCR), Tirunelveli, to consider the petitioner's bail petition of the petitioner on the same day of surrender and dispose the same on the same date on merits and in accordance with law in crime No.424 of 2019 on the file of the second 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 Session Judge (PCR), Tirunelveli, to consider the petitioner's bail application, preferably on the same day of his surrender in connection with Crime No.424 of 2019 on the file of the second https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL.O.P (MD) No.14806 of 2019 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 (CO) // True Copy // Sub Assistant Registrar(CS) Ls To 1.The II Additional Session Judge (PCR), Tirunelveli.

2.The Deputy Superintendent Of Police, Nanguneri Division, Tirunelveli District.

3.The Inspector of Police Kalakkad Police Station, Tirunelveli District 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.N.MOHIDEEN BASHA, Advocate ( SR-92446[F] dated 17/10/2019 ) CRL.O.P (MD) No.14806 of 2019 17.10.2019 KK/SAR/18.10.2019/2P-6C/ https://hcservices.ecourts.gov.in/hcservices/ 2/2