Madras High CourtCRL OP(MD)/16799/2019ordered

P. Ravi v. The Deputy Superintendent Of Police

2019-11-18Honourable Mr Justice G.K. Ilanthiraiyan2 pages

CRL.O.P (MD) No.16799 of 2019 BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT DATED: 18.11.2019

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CRL.O.P (MD) No.16799 of 2019 1.P.Ravi 2.Thangapandi ... Petitioners Vs 1.The Deputy Superintendent of Police, Tenkasi, Tirunelveli District.

2.The Inspector of Police, Achanpudur Police Station, Tirunelveli District, In Crime No.311 of 2019.

3.Siva ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct Special Judge for SC/ST (prevention of Atrocities) Act, 2nd Additional District Judge, Tiunelveli to consider the bail application of the petitioners on the same day of their surrender in Crime No.311 of 2019 on the file of the respondent police.

For Petitioners : Mr.V.Maharajan For Respondents 1 & 2 : Mr.K.Suyambulinga Bharathi, G.A. (Crl. Side)

O R D E R

This petition is filed for a direction to direct Special Judge for SC/ST (prevention of Atrocities) Act, 2nd Additional District Judge, Tiunelveli to consider the bail application of the petitioners on the same day of their surrender in Crime No.311 of 2019 on the file of the 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 Special Judge for SC/ST (prevention of Atrocities) Act, 2nd Additional District Judge, Tiunelveli to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Crime No.311 of 2019 on the file of the respondent and pass appropriate orders in https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL.O.P (MD) No.16799 of 2019 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 // True Copy // Sub Assistant Registrar(CS) vsg To 1.The Special Judge for SC/ST (prevention of Atrocities) Act, 2nd Additional District Judge, Tiunelveli.

2.The Deputy Superintendent of Police, Tenkasi, Tirunelveli District.

3.The Inspector of Police, Achanpudur Police Station, Tirunelveli District, 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.V.MAHARAJAN, Advocate ( SR-99116[F] dated 18/11/2019 ) CRL.O.P (MD) No.16799 of 2019 18.11.2019 KK/SAR/19.11.2019/2P-6C/ https://hcservices.ecourts.gov.in/hcservices/ 2/2