Madras High CourtCRL OP(MD)/16913/2019ordered

Prasanna Prabhakar @ Praphakaran v. The Deputy Superintendent Of Police

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

CRL.O.P (MD) No.16913 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.16913 of 2019

1. Prasanna Prabhakar @ Praphakaran

2. Sahayarani @ Rani

3. Dhivyanathan ... Petitioners Vs 1.The Deputy Superintendent of Police, Pudukottai Range Pudukottai District 2.The Inspector of Police Gandharvakottai Police Station Pudukottai District 3.Akila ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to to direct the learned Special Judge, Special Court, for Trial SC/ST Act Cases, Pudukottai to accept the surrender of the petitioner and consider their bail application on the same day in Cr.No.265 of 2019 on the file of the respondent police For Petitioners : Mr.K.N.Govardhanan 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 Judge, Special Court, for Trial SC/ST Act Cases, Pudukottai, to consider the bail petition of the petitioners on the same day of surrender and dispose the same on merits and in accordance with law in crime No.265 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 the possibility of misusing the pious intention of the Parliament against innocent persons, there shall be a direction to the learned Special Judge, https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL.O.P (MD) No.16913 of 2019 Special Court, for Trial SC/ST Act Cases, Pudukottai, to consider the petitioners bail application, preferably on the same day of their surrender in connection with Crime No. 265 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 (P&A) // True Copy // Sub Assistant Registrar(CS) aav To 1.The Special Judge, Special Court, for Trial of SC/ST Act Cases, Pudukottai 2.The Deputy Superintendent of Police, Pudukottai Range Pudukottai District 3.The Inspector of Police Gandharvakottai Police Station Pudukottai District 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.K.N. GOVARDHANAN, Advocate ( SR-99767[F] dated 20/11/2019 ) Order made in CRL.O.P (MD) No.16913 of 2019 19.11.2019 JMN(20.11.2019) 2P : 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2