Madras High CourtCRL OP(MD)/15143/2019dismissed

Prabhakaran v. The Deputy Superintendent Of Police

2019-10-23Honourable Mr Justice G.K. Ilanthiraiyan2 pages

CRL.O.P (MD) No.15143 of 2019 BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT DATED: 23.10.2019

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN CRL.O.P (MD) No.15143 of 2019 1.Prabhakaran 2.Mani 3.Murugan 4.Alaguraj ... Petitioners/Accused (Rank not known) Vs 1.State represented by, The Deputy Superintendent of Police, Tiruchuli, Virudhunagar District.

2.The Inspector of Police, M.Reddiapatti Police Station, Virudhunagar District.

(Crime No.72 of 2019) ... Respondents 1 & 2/Complainant 3.Murugan ... Respondent 3/Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the learned District and Sessions Court for PCR offences, Srivilliputhur, Virudhunagar District to consider of the bail application on the surrender of the petitioner in connection with case in Crime No.72 of 2019, pending investigation on the file of the second respondent police on merits on the same day.

For Petitioners : Mr.A.Ananda Raj For Respondents 1 & 2 : Mr.K.Suyambulinga Bharathi, G.A. (Crl. Side)

O R D E R

This petition is filed for a direction to direct the District and Sessions Court for PCR offences, Srivilliputhur, Virudhunagar District to consider of the bail application on the surrender of the petitioner in connection with case in Crime No.72 of 2019, pending investigation on the file of the second respondent police. 2.The learned Government Advocate (Crl. Side) would submit that the second and fourth petitioners have been arrested by the respondent police.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL.O.P (MD) No.15143 of 2019 3.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 District and Sessions Court for PCR offences, Srivilliputhur, Virudhunagar District to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Crime No. 72 of 2019 on the file of the second 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 1 and 3 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.

4.In view of the above, the Criminal Original Petition stands allowed in respect of the petitioners 1 and 3. 5.Recording the submission made by the learned Government Advocate (crl. Side), this petition is dismissed as infructuous in respect of the petitioners 2 and 4.

Sd/- Assistant Registrar(CS-III) /TRUE COPY/ Sub Assistant Registrar vsg To 1.The District and Sessions Court for PCR offences, Srivilliputhur, Virudhunagar District.

2.The Deputy Superintendent of Police, Tiruchuli, Virudhunagar District.

2.The Inspector of Police, M.Reddiapatti Police Station, Virudhunagar District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.A.ANANDARAJ, Advocate ( SR-93941[F] dated 23/10/2019 ) Order made in CRL.O.P (MD) No.15143 of 2019 23.10.2019 JM/24.10.2019/2P/6C https://hcservices.ecourts.gov.in/hcservices/ 2/2