Madras High CourtCRL OP(MD)/16263/2019disposed of

Suresh @ Suresh Kannan v. The Deputy Superintendent Of Police

2019-11-08Honourable Mr Justice G.K. Ilanthiraiyan2 pages

CRL.O.P (MD) No.16263 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.11.2019

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CRL.O.P (MD) No.16263 of 2019 Suresh @ Suresh Kannan ... Petitioner Vs 1.The Deputy Superintendent of Police, Samayanallur Madurai District 2.The Inspector of Police Alanganallur Police Station Madurai District 3.Suriya prakash ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the learned Special Judge (III Additional Sessions Judge) Madurai to consider the bail application of the petitioner on the same say in respect of Crime No.233 of 2017 on the file of the respondent police.

For Petitioner : Mr.S.J.Chakkaravarthy 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 learned Special Judge (III Additional Sessions Judge) Madurai to consider the bail application of the petitioner on the same say in respect of Crime No.233 of 2017 on the file of the respondent police.

2. The learned Government Advocate(Crl.Side)would submit that the first respondent police has completed investigation and filed final report in Crime No. 233 of 2017 and the same has been taken cognizance in S.C.No.80 of 2019 on the file of the learned III Additional District and Sessions Judge, Madurai.

3. 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.16263 of 2019 misusing the pious intention of the Parliament against innocent persons, there shall be a direction to the learned III Additional District and Sessions Judge, Madurai. to consider the petitioner's bail application, preferably on the same day of his surrender in connection with Crime No. 233 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 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.

4. 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 III Additional District and Sessions Judge Madurai 2.The Deputy Superintendent of Police, Samayanallur Madurai District 3.The Inspector of Police Alanganallur Police Station Madurai District 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.S.J. CHAKKARAVARTHY, Advocate ( SR-97009[F] dated 08/11/2019 ) Order made in CRL.O.P (MD) No.16263 of 2019 08.11.2019 JMN(11.11.2019) 2P : 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2