Madras High CourtCRL OP(MD)/14840/2019ordered

Prasanth v. The Deputy Superintendent Of Police

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

Crl.O.P.(MD) No.14840 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.14840 of 2019

1. Prasanth

2. Kailasam ... Petitioners/A2 and A3 Vs 1.The Deputy Superintendent of Police, Alangudi Pudukottai District 2.The Sub Inspector of Police Malaiyur Police Station Malaiyur, Pudukottai District ... 1st and 2nd Respondents/ Complainant 3.Soundarrajan ... 3rd Respondent/Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) act 1989 Pudukottai to accept the surrender of the Petitioners/accused No 2 and 3 and consider the Petitioner bail application and grant bail on the date of surrender itself in Crime No. 51 of 2019 dated 13.10.2019 on the file of the second respondent police.

For Petitioners : Mr.K.C.Maniyarasu 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 Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) act 1989 Pudukottai, to consider the bail petition of the petitioners on the same day of surrender and dispose the same on merits and in accordance with law in crime No.51 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 the possibility of misusing the pious intention of the Parliament against innocent persons, there shall be a direction to the learned Special Court https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD) No.14840 of 2019 for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) act 1989 Pudukottai, to consider the petitioners bail application, preferably on the same day of their surrender in connection with Crime No. 51 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 petitioners 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(P & A) // True Copy // Sub Assistant Registrar(CS) aav To 1.The Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) act 1989 Pudukottai 2.The Deputy Superintendent of Police, Alangudi Range Pudukottai District 3.The Inspector of Police Malaiyur Police Station Malaiyur, Pudukottai District 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1CC TO MR.K.C.MANIYARASU, Advocate Sr. No. 93170 Order made in CRL.O.P (MD) No.14840 of 2019 21.10.2019 DKS(CO) TR(22.10.2019) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2