Madras High CourtCRL OP(MD)/15489/2019ordered

Ramesh @ Rameshkumar v. The Sub Inspector Of Police

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

Crl.O.P.(MD)No.15489 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.15489 of 2019

1. Ramesh @ Rameshkumar

2. Jeyakumar

...Petitioners/Accused Nos.1 and 2

-Vs1.The State Rep by The Sub Inspector of Police Thuckalay Police Station, Kanyakumari District Cr.No.506/2019.

...1st Respondent/Complainant 2.The Deputy Superintendent Of Police, Nagercoil, Kanyakumari District.

...2nd Respondent/Complainant 3.Sivakumar ...3rd Respondent/Defacto Complainant Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to direct the learned 2nd Additional Sessions Judge (PCR) Court, Tirunelveli, to accept the surrender of the petitioners and consider their bail application on the same day on merit relating to Crime No.506/2019 dated 15.10.2019 For Petitioners : Mr.C.Sankar Prakash 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 learned 2nd Additional Sessions Judge (PCR) Court, Tirunelveli, 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.506 of 2019 on the file of the first 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 2nd Additional Sessions Judge (PCR) Court, Tirunelveli, to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Crime No.506 of 2019 on the file of the first respondent and pass appropriate orders in accordance with law after affording due opportunity to the victim under Section 15(a) of https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.15489 of 2019 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 // True Copy // Sub Assistant Registrar(CS) To 1.The II Additional Sessions Judge, (PCR) Court, Tirunelveli.

2.The Sub Inspector of Police Thuckalay Police Station, Kanyakumari District 3.The Deputy Superintendent Of Police, Nagercoil, Kanyakumari District.

4.The Additional Public Prosectuor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.C.SANKAR PRAKASH, Advocate ( SR-94721[F] dated 25/10/2019 ) Crl.O.P.(MD)No.15489 of 2019 25.10.2019 KK/SAR/30.10.2019/2P-6C/ https://hcservices.ecourts.gov.in/hcservices/ 2/2