Madras High CourtCRL OP(MD)/15500/2019ordered

Sathiyamoorthy v. The Deputy Superintendent Of Police

2019-10-25Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD)No.15500 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.10.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD)No.15500 of 2019 1.Sathiyamoorthy 2.Arun

...Petitioners

-Vs1.The Deputy Superintendent of Police, Othakadai Police Station, Madurai District.

2.The Inspector of Police Othakadai Police Station, Madurai District , (In Cr.No.426/2019) 3.Selvi,

4. Murugan ... Respondents Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to direct the learned III Additional Sessions Judge, Trial for PCR cases, Madurai to consider the bail application of the petitioners / Accused to be filed in Cr.No.426/2019 on the file of the second respondent police and to accept their surrender on the same day on merits. For Petitioners : Mr.R.Balamuruganantham For R1 and R2 : Mr.K.Suyambulinga Bharathi Government Advocate(crl.side)

O R D E R

This petition has been filed for a direction, to direct the III Additional Sessions Judge, Trial for PCR cases, Madurai, to consider the petitioners' bail petition of the petitioners on the same day of surrender and dispose the same on the same date on merits and in accordance with law in crime No.426 of 2019 on the file of the second 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 III Additional Sessions Judge, Trial for PCR cases, Madurai, to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Crime No.426 of 2019 on the file of the second https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.15500 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 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(AD-I) // True Copy // Sub Assistant Registrar(CS) Ls To 1.The III Additional Sessions Judge, Trial for PCR cases, Madurai.

2.The Deputy Superintendent of Police, Othakadai Police Station, Madurai District.

3.The Inspector of Police Othakadai Police Station, Madurai District , 4.The Additional Public Prosectuor, Madurai Bench of Madras High Court, Madurai.

+1CC TO MR.R.BALAMURUGANANTHAM, Advocate Sr. No. 94458 Crl.O.P.(MD)No.15500 of 2019 25.10.2019 KMK(CO) TR(30.10.2019) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2