Madras High CourtCRL OP(MD)/15672/2019ordered

Saravanakumar v. The Deputy Superintendent Of Police

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

Crl.O.P.(MD)No.15672 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.15672 of 2019

1. Saravanakumar

2. Elavarasan

3. Prasanth

4. Parthiban

5. Diwahar @ Dhivagar

6. Viji @ Vijayakumar

7. Karthick @ Karthickeyan

8. Prakash

9. Janath

...Petitioners

-Vs1.The Deputy Superintendent Of Police, Musiri, Trichy District.

2.The State Rep. by The Inspector of Police Thottiyam Police Station Trichy District,(Crime No.93/2019) ... Respondents Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to direct the Learned 1st Additional District Judge (PCR Court) Trichy, Trichy District, to accept the appearance of the petitioner/Accused without producing sureties and to proceed with the trial in S.S.C.No.30/2019.

For Petitioners : Mr.A.Azhageson 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 1st Additional District Judge (PCR Court) Trichy, Trichy District, to accept the appearance of the petitioner/Accused without producing sureties and to proceed with the trial in S.S.C.No.30 of 2019.

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 1st Additional District Judge (PCR Court) Trichy, Trichy District, 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.15672 of 2019 appearance surrender in connection with S.S.C.No.30 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 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, on condition that each of the petitioners shall pay a sum of Rs.1,000/- (Rupees one thousand only) [Totally Rs.9,000/- (Rupees Nine Thousand only)] to the credit of the Chief Justice Relief Fund (payable in Accounts Section of the High Court Registry), within a period of one week from the date of receipt of a copy of this order and file a photocopy of the receipt along with a memo reporting compliance in the Registry.

3. In view of the above, the Criminal Original Petition stands allowed.

Sd/- Assistant Registrar(AD-I) // True Copy // Sub Assistant Registrar(CS) Ls To 1.The 1st Additional District Judge (PCR Court) Trichy, Trichy District.

2.The Deputy Superintendent Of Police, Musiri, Trichy District.

3.The Inspector of Police Thottiyam Police Station Trichy District 4.The Additional Public Prosectuor, Madurai Bench of Madras High Court, Madurai.

5. The Section Officer,Accounts Section, Madurai Bench of Madras High Court, Madurai.

+1CC TO MR.A.AZHAGESON, Advocate Sr. No. 94749 Crl.O.P.(MD)No.15672 of 2019 25.10.2019 KMK(CO) TR(30.10.2019) 2P 7C https://hcservices.ecourts.gov.in/hcservices/ 2/2