Madras High CourtCRL OP(MD)/16236/2019ordered

Mathan v. The Deputy Superintendent Of Police

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

CRL.O.P (MD) No.16236 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.16236 of 2019

1. Mathan

2. Vasanthi ... Petitioners Vs 1.The Deputy Superintendent of Police, Palani, Dindigul District 2.The Sub Inspector of Police Swaminathapuram Police Station Dindigul District 3.Velmurugan ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct learned Special Sessions Judge SC/STAct, Dindigul to accept the surrender of the petitioners and consider their bail application on the same day in connection with Crime No.171 of 2019 pending investigation on the file of the 2nd respondent.

For Petitioners : Mr.N.S.Ramakrishnadass 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 Sessions Judge SC/STAct, Dindigul, to consider the bail petition of the petitioners on the same day of surrender and dispose the same on merits and in accordance with law in crime No.171 of 2019 on the file of the 2nd 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 the possibility of misusing the pious intention of the Parliament against innocent persons, there shall be a direction to the learned Special Sessions Judge SC/STAct, Dindigul, to consider the petitioners bail application, preferably on the same day of their surrender in https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL.O.P (MD) No.16236 of 2019 connection with Crime No. 171 of 2019 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 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 (CO) // True Copy // Sub Assistant Registrar(CS) aav To 1.The Special Sessions Judge SC/STAct, Dindigul 2.The Deputy Superintendent of Police, Palani, Dindigul District 3.The Sub Inspector of Police Swaminathapuram Police Station Dindigul District 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.N.S.RAMAKRISHNA DASS, Advocate ( SR-96945[F] dated 08/11/2019 ) Order made in CRL.O.P (MD) No.16236 of 2019 08.11.2019 JMN(11.11.2019) 2P : 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2