Madras High CourtCRL OP(MD)/15134/2019ordered

Karthikeyan v. The Deputy Superintendent Of Police

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

CRL.O.P (MD) No.15134 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.15134 of 2019 1.Sanjaykumar ... 1st Petitioner/Accused No.21 2.Karthikeyan ... 2nd Petitioner/Rank not known Vs 1.The Deputy Superintendent of Police, Thiruppathur, Sivagangai District.

2.State represented by, The Inspector of Police, S.V.Mangalam Police Station, Sivagangai District, In Crime No.4 of 2017.

... Respondent No.1 & 2/Complainant 3.Malairajan ... 3rd Respondent/Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the learned PCR Court, Sivagangai to accept the surrender of the petitioner and consider the bail application on the date of surrender in Crime No.4 of 2017 on the file of the second respondent.

For Petitioners : Mr.K.Dinesh 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 PCR Court, Sivagangai, to accept the surrender of the petitioner and consider the bail application on the date of surrender in Crime No.4 of 2017 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 PCR Court, Sivagangai, to consider the petitioners' bail application, preferably on the same https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL.O.P (MD) No.15134 of 2019 day of their surrender in connection with Crime No.4 of 2017 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 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(CS-III) /TRUE COPY/ Sub Assistant Registrar vsg To 1.The Judge, PCR Court, Sivagangai.

2.The Deputy Superintendent of Police, Thiruppathur, Sivagangai District.

3.The Inspector of Police, S.V.Mangalam Police Station, Sivagangai District.

COPY TO:

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

+1 CC to M/s.K. DINESH, Advocate ( SR-93792[F] dated 23/10/2019 ) Order made in CRL.O.P (MD) No.15134 of 2019 23.10.2019 JM/24.10.2019/2P/6C https://hcservices.ecourts.gov.in/hcservices/ 2/2