Madras High CourtCRL OP(MD)/16630/2019ordered

Manikandan @ Velladurai v. The Deputy Superintendent Of Police

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

CRL.O.P (MD) No. 16630 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. 16630 of 2019

1. Manikandan @ Velladurai

2. Vijay @ Vijayan

3. Jegan @ Jeyaganesh

4. Muthukrishnan ... Petitioners/Accused Nos.2 to 5 Vs 1.The Deputy Superintendent of Police, Srivaikundam Sub Division, Thoothukudi District.

2. The Inspector of Police, Alwar Thirunagari Police Station, Thoothukudi District.

(Crime No.171 of 2019)

...Respondents/Complainants

3. S. Palpandi

4. Shanmuga Balakrishnan ... Respondents/Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the learned II Additional District and Sessions Judge-Cum-PCR Court, Tirunelveli to consider the bail application to be filed by the petitioners on the same day on his surrender in connection with the Crime No.171 of 2019 on the file of the second respondent police.

For Petitioner : Mr.M. Prabu 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 the learned II Additional District and Sessions Judge-Cum-PCR Court, Tirunelveli to consider the bail application to be filed by the petitioners on the same day on his surrender in connection with the Crime No.171 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 II Additional District and Sessions Judge-Cum-PCR Court, Tirunelveli, to https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL.O.P (MD) No. 16630 of 2019 consider the petitioner's bail application, preferably on the same day of their surrender in 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 (CS-III) // True Copy // Sub Assistant Registrar(CS) ksa To

1. The II Additional District and Sessions Judge-Cum-PCR Court, Tirunelveli.

2. The Deputy Superintendent of Police, Srivaikundam Sub Division, Thoothukudi District.

3. The Inspector of Police, Alwar Thirunagari Police Station, Thoothukudi District.

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

+1 CC to M/s.M.PRABU, Advocate ( SR-98221[F] dated 14/11/2019 ) Order made in CRL.O.P (MD) No.16630 of 2019 14.11.2019 KM/(25.11.2019) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2