Madras High CourtCRL OP(MD)/16807/2019ordered

Ayyappan v. The Deputy Superintendent Of Police

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

CRL.O.P (MD) No.16807 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.11.2019

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CRL.O.P (MD) No.16807 of 2019 1.Ayyappan 2.Balakrishnan ... Petitioners Vs 1.The Deputy Superintendent of Police, Pabanasam Sub Division, Thanjavur District.

2.The Inspector of Police, Kabisthalam Police Station, Thanjavur District.

(Crime No.266 of 2019) 3.Chinnadurai ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the 1st Additional District Judge cum P.C.R.Court, Thanjavur to accept the surrender of the petitioners and consider the bail applications on the date of surrender in connection with Crime No.266 of 2019 on the file of the respondent police.

For Petitioners : Mr.B.Jameel Arasu 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 the 1st Additional District Judge cum P.C.R.Court, Thanjavur to accept the surrender of the petitioners and consider the bail applications on the date of surrender in connection with Crime No.266 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 https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL.O.P (MD) No.16807 of 2019 persons, there shall be a direction to the 1st Additional District Judge cum P.C.R.Court, Thanjavur, to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Crime No.266 of 2019 on the file of the respondent police 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 // True Copy // Sub Assistant Registrar(CS) vsg To 1.The 1st Additional District Judge cum P.C.R.Court, Thanjavur.

2.The Deputy Superintendent of Police, Pabanasam Sub Division, Thanjavur District.

3.The Inspector of Police, Kabisthalam Police Station, Thanjavur District.

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

+1 CC to M/s.B.JAMEEL ARASU, Advocate ( SR-99373[F] dated 19/11/2019 Order made in CRL.O.P (MD) No.16807 of 2019 18.11.2019 JMN(19.11.2019) 2P : 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2