Madras High CourtCRL OP(MD)/16188/2019ordered

Murugaiah v. The Deputy Superintendent Of Police

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

CRL.O.P (MD) No.16188 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.16188 of 2019

1. Murugaiah

2. Chezlan @ Esakkimuthu ... Petitioners Vs 1.The Deputy Superintendent of Police, Sub Division, Puliyangudi Police Station Tirunelveli District 2.The Inspector of Police Sivagiri Police Station Tirunelveli District 3.Mahendran ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the District Sessions Court, (SC/ST (POA) Act), Tirunelveli to consider the surrender and Bail application filed by the petitioners in Crime No.480 of 2019 dated 31.10.2019 For Petitioners : Mr.R.Krishnan 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 District Sessions Court, (SC/ST (POA) Act), Tirunelveli District, 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.480 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 District Sessions Court, (SC/ST (POA) Act), Tirunelveli, to consider the petitioners bail application, preferably on the same day of their surrender in connection with Crime No. 480 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.

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CRL.O.P (MD) No.16188 of 2019

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 District Sessions Court, (SC/ST (POA) Act), Tirunelveli 2.The Deputy Superintendent of Police, Sub Division, Puliyangudi Police Station Tirunelveli District 3.The Inspector of Police Sivagiri Police Station Tirunelveli District 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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