Madras High CourtCRL OP(MD)/17115/2019ordered

Lokesh v. The Deputy Superintendent Of Police

2019-11-22Honourable Mr Justice G.K. Ilanthiraiyan2 pages

CRL.O.P(MD)No.17115 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.11.2019

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CRL.O.P(MD)No.17115 of 2019 1.Lokesh 2.Tamilalarasi ... Petitioners/Accused Nos.2 & 3 Vs.

1.State Represented through, The Deputy Superintendent of Police, O/o.Deputy Superintendent of Police, Pudukottai, Pudukottai District.

2.The Inspector of Police, Annavasal Police Station, Annavasal, Pudukottai District.

(Crime No.205 of 2019) ...1st & 2nd Respondent/Complainant 3.Deepa ....3rd Respondent /Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the learned District and Sessions Special Court (PCR), Pudukottai to consider the bail application of the petitioners on the same day in Crime No.205 of 2019 on the file of the respondent police station.

For Petitioners : Mr.R.Karunanidhi For R1 & R2 : Mr.K.Suyambulinga Bharathi, Government Advocate (crl.side)

O R D E R

This petition has been filed for a direction, to direct the learned District and Sessions Special Court (PCR), Pudukottai, to consider the petitioners bail petition of the petitioners on the same day of surrender and dispose the same on the same date on merits and in accordance with law in Crime No.205 of 2019 on the https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL.O.P(MD)No.17115 of 2019 file of the second 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 District and Sessions Special Court (PCR), Pudukottai, to consider the petitioners bail application, preferably on the same day of he surrender in connection with Crime No.205 of 2019 on the file of the second 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-II) // True Copy // Sub Assistant Registrar(CS) vsd To 1.The District and Sessions Special Judge, (PCR), Pudukkottai.

2.The Deputy Superintendent of Police, Pudukottai, Pudukottai District.

3.The Inspector of Police, Annavasal Police Station, Annavasal, Pudukottai District.

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

+1 CC to M/s.R.KARUNANIDHI, Advocate ( SR-100673[F] dated 22/11/2019 CRL.O.P(MD)No.17115 of 2019 22.11.2019 JMN(22.11.2019) 2P : 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2