Madras High CourtCRL OP(MD)/15566/2019ordered

Siva Sabari v. The Deputy Superintendent Of Police

2019-11-05Honourable Mr Justice G.K. Ilanthiraiyan2 pages

CRL.O.P (MD) No.15566 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.11.2019

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CRL.O.P (MD) No.15566 of 2019 Sivasabari ... Petitioner/ Accused rank not known Vs 1.The Deputy Superintendent of Police, Pudukkottai, Pudukkottai District.

2.The Inspector of Police, Thirugokarnam Police Station, Pudukottai District.

(Crime No.237 of 2019) ... Respondents/Complainants

3. Manimegalai ... Respondents/Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the learned Principal District and Sessions Court (PCR Cases), Pudukkottai to accept the surrender of the petitioner and to consider his bail application on the same day in connection with Crime No.237 of 2019 on the file of the respondent police.

For Petitioner : Mr.K.Balasundaram For R1 & 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 Principal District and Sessions Court (PCR Cases), Pudukkottai, 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.237 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 https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL.O.P (MD) No.15566 of 2019 misusing the pious intention of the Parliament against innocent persons, there shall be a direction to the learned Principal District and Sessions Court (PCR Cases), Pudukkottai, to consider the petitioner's bail application, preferably on the same day of he surrender in connection with Crime No.237 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 (AD-I) // True Copy // Sub Assistant Registrar(CS) dss To 1.The Principal District and Sessions Judge (PCR Cases), Pudukkottai.

2.The Deputy Superintendent of Police, Pudukkottai, Pudukkottai District.

3.The Inspector of Police, Thirugokarnam Police Station, Pudukottai District.

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

CRL.O.P (MD) No.15566 of 2019 05.11.2019 JMN(08.11.2019) 2P : 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2