Madras High CourtCRL OP(MD)/16923/2019ordered

Kannan v. The Deputy Superintendent Of Police

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

CRL.O.P (MD) No.16923 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.16923 of 2019 Kannan ... Petitioner Vs 1.The Deputy Superintendent of Police Samayanallur Circle Madurai District

2. The Inspector of Police Nagamalai Pudukottai Police Station Madurai District

3. Gunasekaran ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the to direct the 3rd Additional Sessions Court (PCR Act cases) Madurai to consider the surrender and bail application filed by the petitioner in Cr.No.539 of 2019 pending on the file of the first respondent police.

For Petitioner : Mr.R.Gandhi 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 3rd Additional Sessions Court (PCR Act cases) Madurai 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.539 of 2019 on the file of the 2nd 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 3rd Additional Sessions Court (PCR Act cases) Madurai, to consider the petitioner's bail application, preferably on the same day of his surrender in connection with Crime No.539 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.

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CRL.O.P (MD) No.16923 of 2019

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

Sd/- Assistant Registrar (P AND A) // True Copy // Sub Assistant Registrar(CS) aav To 1.The 3rd Additional Sessions Court (PCR Act cases) Madurai 2.The Deputy Superintendent of Police Samayanallur Circle Madurai District

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

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