Madras High CourtCRL OP(MD)/16312/2019ordered

Ananth v. The Deputy Superintendent Of Police

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

CRL.O.P(MD)No.16312 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.11.2019

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CRL.O.P(MD)No.16312 of 2019 Ananth ... Petitioner /Accused No.1 Vs.

1.The Deputy Superintendent of Police, Alangulam Sub Division, Tirunelveli District.

2.The Sub Inspector of Police, Uthumalai Police Station, Tirunelveli District.

(Crime No.212 of 2019) ... 1st & 2nd Respondents/Complainants 3.Mari ...3rd Respondent/De facto Complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the II Additional District and Sessions Court (PCR), Tirunelveli to consider the bail application of the petitioner on the same day to surrender on merits in Crime No.212 of 2019 on the file of the 2nd respondent police. For Petitioner : Mr.S.Sundarapandian For R1 & 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 II Additional District and Sessions Court (PCR), Tirunelveli to consider the bail application of the petitioner on the same day to surrender on merits in Crime No.212 of 2019 on the file of the 2nd respondent police.

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 https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL.O.P(MD)No.16312 of 2019 person, there shall be a direction to the learned II Additional District and Sessions Court (PCR), Tirunelveli, to consider the petitioner's bail application, preferably on the same day of he surrender in connection with Crime No.212 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 learned trial Judge, while considering the bail petition is also directed to bear in mind that the petitioner is a habitual offender having fifteen previous cases. 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 (CO) // True Copy // Sub Assistant Registrar(CS) vsd To 1.The Deputy Superintendent of Police, Alangulam Sub Division, Tirunelveli District.

2.The Sub Inspector of Police, Uthumalai Police Station, Tirunelveli District.

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

+1 CC to M/s.S.SUNDARAPANDIAN, Advocate ( SR-97384[F] dated 11/11/2019 ) CRL.O.P(MD)No.16312 of 2019 11.11.2019 JMN(12.11.2019) 2P : 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2