Madras High CourtCRL OP(MD)/15317/2019ordered

Nallaperiyan v. The Deputy Superintendent Of Police

2019-10-24Honourable Mr Justice G.K. Ilanthiraiyan2 pages

CRL.O.P (MD) No.15317 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.10.2019

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CRL.O.P (MD) No.15317 of 2019

1. Nallaperiyan

2. Seenivasan ... Petitioners/Accued No.6 & 11 Vs 1.The Deputy Superintendent of Police, Alangudi, Pudukottai District 2.The Inspector of Police Karambakudi Police Station Pudukottai District 3.Chithiraivelu ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the learned Additional District and Sessions Court for PCR offences, Pudukottai to consider the bail application on the surrender of the petitioners in connection with case in Crime No. 210 of 2017 pending investigation on the file of the second respondent on merits on the same day. For Petitioners : Mr.G.Mathavan 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 Additional District and Sessions Court for PCR offences, Pudukottai , 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.210 of 2017 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 Additional District and Sessions Court for PCR offences, Pudukottai , 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.15317 of 2019 surrender in connection with Crime No. 210 of 2017 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 (CO) // True Copy // Sub Assistant Registrar(CS) aav To 1.The Additional District and Sessions Court for PCR offences, Pudukottai 2.The Deputy Superintendent of Police, Alangudi, Pudukottai District 3.The Inspector of Police Karambakudi Police Station Pudukottai District 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.G.MATHAVAN, Advocate ( SR-94129[F] dated 24/10/2019 ) Order made in CRL.O.P (MD) No.15317 of 2019 24.10.2019 JMN(25.10.2019) 2P : 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2