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Madras High CourtCRL OP(MD)/16575/2019ordered

Saravanan @ Gananasaravanan v. The Deputy Superintendent Of Police

2019-11-14Honourable Mr Justice G.K. Ilanthiraiyan2 pages

CRL.O.P (MD) No. 16575 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.11.2019

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CRL.O.P (MD) No. 16575 of 2019 Saravanan @ Gnanasaravanan ... Petitioner/Accused Vs 1.The Deputy Superintendent of Police, Uthamapalayam Police Station, Theni District.

2. State through Sub-Inspector of Police, Uthamapalayam Police Station, Theni District. (Crime No.569 of 2019)

3. Vigneshwaran ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the learned Principal District and Sessions Judge (PCR Court), Theni to accept the surrender of the petitioner and consider petitioner's bail application on the same day on merits relating to Crime No.569 of 2019 on the file of the second respondent police.

For Petitioner : Mr.D. Saravanan For Respondents : Mr.K.Suyambulinga Bharathi, G.A. (Crl. Side) for R1 and 2

O R D E R

This petition is filed for a direction to direct the learned Principal District and Sessions Judge (PCR Court), Theni to accept the surrender of the petitioner and consider petitioner's bail application on the same day on merits relating to Crime No.569 of 2019 on the file of the second 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 persons, there shall be a direction to the learned Principal District and Sessions Judge (PCR Court), Theni, to consider the petitioner bail application, preferably on the same day of his surrender in connection with Crime No.569 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 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.

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

CRL.O.P (MD) No. 16575 of 2019

3. In view of the above, the Criminal Original Petition stands allowed.

Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS) ksa To

1. The Principal District and Sessions Judge (PCR Court), Theni.

2. The Deputy Superintendent of Police, Uthamapalayam Police Station, Theni District.

3. The Sub-Inspector of Police, Uthamapalayam Police Station, Theni District.

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

+1 CC to M/s.D. SARAVANAN, Advocate ( SR-98532[F] dated 15/11/2019 ) CRL.O.P (MD) No.16575 of 2019 14.11.2019 KK/SAR/26.11.2019/2P-6C/ https://hcservices.ecourts.gov.in/hcservices/ 2/2