Madras High CourtCRL OP(MD)/15670/2019ordered

Palaniappan v. The Deputy Superintendent Of Police

2019-10-30Honourable Mr Justice G.K. Ilanthiraiyan2 pages

CRL.O.P (MD) No.15670 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.10.2019

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CRL.O.P (MD) No.15670 of 2019 Palaniappan ... Petitioner /Sole Accused Vs.

1.The Deputy Superintendent of Police, Pudukottai, Pudukottai District.

2.State represented by, The Inspector of Police , Vellanur Police Station, Pudukottai District.

(Crime No.110 of 2019) ... Respondents 1 and 2/Complainant 3.Soundarrajan ... Respondents/Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the Principal District and Sessions Court/Special Court for SC/ST Act, Pudukottai, Pudukottai District to accept the surrender of the petitioner along with bail application in Crime No.110 of 2019 on the file of the second respondent police herein and to dispose the bail application on the same day on merits.

For Petitioner : Mr.R.Suriyanarayanan For R1 and R2 : Mr.K.Suyambulinga Bharathi, Government Advocate(Criminal Side)

O R D E R

This Criminal Original Petition is filed for a direction to direct the learned Principal District and Sessions Judge (Special Court for SC/ST Act) Pudukottai, Pudukottai District to consider the bail petition of the petitioner on the same day of surrender and dispose the same on merits and in accordance with law in crime No.110 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 learned Principal District and Sessions Judge (Special Court for SC/ST Act) Pudukottai, Pudukottai District, to consider the petitioner's bail application, preferably on the same day of his surrender in https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL.O.P (MD) No.15670 of 2019 connection with Crime No. 110 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 (Crl Side) // True Copy // Sub Assistant Registrar(CS) To 1.The Principal District and Sessions Judge (Special Court for SC/ST Act) Pudukottai, Pudukottai.

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

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

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

+1 CC to M/s.R.SURIYA NARAYANAN, Advocate ( SR-95022[F] dated 31/10/2019 ) CRL.O.P (MD) No.15670 of 2019 30.10.2019 KK/SAR/31.10.2019/2P-6C/ https://hcservices.ecourts.gov.in/hcservices/ 2/2