Madras High CourtCRL OP(MD)/15029/2019ordered

Sataheesh v. The Deputy Superintendent Of Police

2019-10-22Honourable Mr Justice A.D.Jagadish Chandira2 pages

Crl.O.P.(MD) No.15029 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.15029 of 2019

1. Satheesh

2. Alaguraja ... Petitioners Vs 1.The Deputy Superintendent of Police, Thirupathur Sivagangai District 2.The Sub Inspector of Police Thirukostiur Police Station Sivagangai District Crime No.107 of 2019 3.Muruganantham ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the Special Sessions SC/ST PA Act court Sivagangai Sivagangai District to consider petitioners bail application on the date of Surrender on the same day in Cr. No.107 of 2019 on the file of the 2nd respondent police for offences under Sections 147,148,294(b),323,324,506(ii) of IPC and Section 4 of TNPHW Act r/w.Section 3(1)(r)(s) of SC/ST Act For Petitioners : Mr.S.Ragaventhre 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 Sessions SC/ST PA Act court Sivagangai Sivagangai District, 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.107 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 Special Sessions SC/ST PA Act court Sivagangai Sivagangai District, to consider the petitioners bail application, preferably on the same day of their https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD) No.15029 of 2019 surrender in connection with Crime No. 107 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() // True Copy // Sub Assistant Registrar(CS) aav To 1.The Special Sessions SC/ST PA Act court Sivagangai Sivagangai District 2.The Deputy Superintendent of Police, Thirupathur Sivagangai District 3.The Sub Inspector of Police Thirukostiur Police Station Sivagangai District 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1CC TO MR.S.RAGAVENTHRE, Advocate Sr. No. 93661 Order made in CRL.O.P (MD) No.15029 of 2019 22.10.2019 TR(23.10.2019) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2