Madras High CourtCRL OP(MD)/16918/2019ordered

Kalimuthu v. The Sub Inspector Of Police

2019-11-19Honourable Mr Justice G.K. Ilanthiraiyan2 pages

CRL.O.P (MD) No.16918 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.11.2019

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CRL.O.P (MD) No.16918 of 2019 Kalimuthu ... Petitioner Vs 1.The Sub Inspector of Police Avudaiyarkovil Police Station Pudukottai District

2. The Deputy Superintendent of Police Aranthangi Pudukottai District

...Respondent 1 and Respondent 2/

Complainants

3. Dheshian ...3rd Respondents/Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the learned Special Sessions Judge for SC./ST offences, Pudukkottai, Pudukkottai District under the SC/ST (POA) Amendment Act 2015, to accept the surrender of the petitioner and consider the bail application on merits on the same day in connection with Crime No. 131 of 2019 on the file of the first respondent.

For Petitioner : Mr.S.Muthalraj For Respondents : Mr.R.Anandharaj No.1 and 2 Additional Public Prosecutor

O R D E R

This petition is filed for a direction to direct the learned Special Sessions Judge for SC./ST offences, Pudukkottai, Pudukkottai District to consider the bail petition of the petitioner on the same day of surrender and dispose the same on merits and in accordance with law in crime No.131 of 2019 on the file of the 1st respondent.

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 learned Special Sessions Judge for SC./ST offences, Pudukkottai, Pudukkottai District, to consider the petitioner's bail application, preferably on the same day of his surrender in connection with Crime No.131 of 2019 on the file of the 1st respondent and pass appropriate orders in accordance with law after affording due opportunity to the victim https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL.O.P (MD) No.16918 of 2019 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.

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

Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS) aav To 1.The Special Sessions Judge for SC./ST offences, Pudukkottai, Pudukkottai District 2.The Sub Inspector of Police Avudaiyarkovil Police Station Pudukottai District

3. The Deputy Superintendent of Police Aranthangi Pudukottai District 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 cc Mr. NA.PALANIYANDI,Advocate, SR.No.99440 CRL.O.P (MD) No.16918 of 2019 19.11.2019 KK/SAR/20.11.2019/2P-6C/ https://hcservices.ecourts.gov.in/hcservices/ 2/2