Manoj v. The Deputy Superintendent Of Police

Crl.O.P.(MD) No.15043 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.15043 of 2019 Manoj ... Petitioner Vs 1.The Deputy Superintendent of Police Sub Division Theni District

2. The Inspector of Police Palanichettipatti Police Station Theni District Crime No.438 of 2019 3.Sundar ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to permit the petitioner to surrender before the Learned Principal Sessions Judge, Theni PCR Court in connection with Cr. No.438 of 2019 on the file of the 2nd respondent police and file an application for the grant of bail on the same day and in the event of filing the same, the said application may be directed to be considered on the same day on merits and in accordance with law forthwith.

For Petitioner : Mr.A.Uthaya kumar 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 Principal Sessions Judge, PCR Court, Theni 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.438 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 Principal Sessions Judge, PCR Court, Theni , to consider the petitioner's bail https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD) No.15043 of 2019 application, preferably on the same day of his surrender in connection with Crime No. 438 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 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) aav To 1.The Principal Sessions Judge, PCR Court, Theni 2.The Deputy Superintendent of Police Sub Division Theni District

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

+1CC TO MR.A.UTHAYA KUMAR, Advocate Sr. No. 93725 Order made in CRL.O.P (MD) No.15043 of 2019 22.10.2019 KK(23.10.2019) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2