Madras High CourtCRL OP(MD)/15432/2019ordered

Ravi v. The Deputy Superintendent Of Police

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

Crl.O.P.(MD)No.15432 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.15432 of 2019 Ravi

...Petitioner/Accused

-Vs1.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police Kumbakonam Sub Division, Thanjavur District.

2.The Inspector of Police Kumbakonam West Police Station, Thanjavur District Cr No. 252/2019.

...R1 and R2/Complainants 3.Gurusamy ...3rd Respondent/ Defacto Complainant Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to Accept the surrender of the Petitioner before the Special Court for SC/ST (Prevention of Atrocities ) Act ie the First Additional District and Sessions Judge at Thanjavur in connection with the Crime No. 252/2019 on the file of the second Respondent police and to consider the bail application filed by the petitioner on the same day.

For Petitioner : Mr.K.M.Karunakaran 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 Special Court for SC/ST (Prevention of Atrocities ) Act, the First Additional District and Sessions Judge at Thanjavur, to consider the petitioner's bail petition of the petitioner on the same day of surrender and dispose the same on the same date on merits and in accordance with law in crime No.252 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 Special Court for SC/ST (Prevention of Atrocities) Act, the First Additional District and https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.15432 of 2019 Sessions Judge at Thanjavur, to consider the petitioner's bail application, preferably on the same day of his surrender in connection with Crime No.252 of 2019 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 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 (P AND A) // True Copy // Sub Assistant Registrar(CS) LS To 1.The Special Court for SC/ST (Prevention of Atrocities ) Act the First Additional District and Sessions Judge Thanjavur 2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police Kumbakonam Sub Division, Thanjavur District.

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

+1 CC to M/s.K.M.KARUNAKARAN, Advocate ( SR-94746[F] dated 25/10/2019 ) Crl.O.P.(MD)No.15432 of 2019 25.10.2019 KK/SAR/30.10.2019/2P-6C/ https://hcservices.ecourts.gov.in/hcservices/ 2/2