Madras High CourtCRL OP(MD)/14906/2019ordered

Rajagopal @ Rajagopalan v. The Deputy Superintendent Of Police

2019-10-21Honourable Mr Justice G.K. Ilanthiraiyan2 pages

CRL.O.P (MD) No.14906 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.10.2019

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CRL.O.P (MD) No.14906 of 2019 Rajagopal @ Rajagopalan ... Petitioner Vs 1.The Deputy Superintendent of Police Periayur Sub Division Madurai District

2. The Sub Inspector of Police Nagiyahupuram Police Station Madurai District 3.Murugan 4.Arumugam 5.Karuppasamy 6.Muniyandi

7. Ayyar ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the learned III Additional District Judge (PCR Cases), Madurai to accept the surrender of the petitioner and consider the bail application on the same day on merits in relating to Cr No.31 of 2019 dated 08.06.2019 on the file of the 2nd respondent police For Petitioner : Mr.K.Anandaraj 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 III Additional District Judge (PCR Cases), Madurai 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.31 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 III Additional District Judge (PCR Cases), Madurai , to consider the petitioner's bail application, preferably on the same day of his surrender in connection with Crime No. 31 of 2019 on the file of the 2nd https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL.O.P (MD) No.14906 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 (AD I) // True Copy // Sub Assistant Registrar(CS) To 1.The III Additional District Judge (PCR Cases), Madurai 2.The Deputy Superintendent of Police Periayur Sub Division Madurai District

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

+1 CC to M/s.A.ANANDA RAJ, Advocate ( SR-93156[F] dated 21/10/2019 ) CRL.O.P (MD) No.14906 of 2019 21.10.2019 KK/SAR/22.10.2019/2P-6C/ https://hcservices.ecourts.gov.in/hcservices/ 2/2