Madras High CourtCRL OP(MD)/17236/2019ordered

Chinnadurai v. The Deputy Superintendent Of Police

2019-11-25Honourable Mr Justice G.K. Ilanthiraiyan2 pages

CRL.O.P (MD) No.17236 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.11.2019

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CRL.O.P (MD) No.17236 of 2019

1. Chinnadurai

2. Vinoth ... Petitioners/ Accused Nos. 1 & 2 Vs 1.The Deputy Superintendent of Police, Aranthangi Pudukottai District 2.The Sub Inspector of Police Embal Police Station Pudukottai District ...Respondents 1 & 2/Complainants 3.Umaiyal ... 3rd Respondent/Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the learned Principal District and Sessions Court (PCR Cases), Pudukkottai to accept the surrender of the petitioners and to consider their bail application on the same day in connection with Crime No.29 of 2019 on the file of the respondent police For Petitioners : Mr.RMS.Sethuraman For Respondents : Mr.K.Suyambulinga Bharathi, G.A. (Crl. Side) for RR1 and 2

O R D E R

This petition is filed for a direction to direct the learned Principal District and Sessions Court (PCR Cases), Pudukkottai, 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.29 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 Principal District and Sessions Court (PCR Cases), Pudukkottai, to consider the petitioners bail application, preferably on the same day of their surrender in connection with Crime No. 29 of 2019 on the file https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL.O.P (MD) No.17236 of 2019 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 (W) / True Copy / Sub Assistant Registrar(CS- ) To 1.The Principal District and Sessions Court (PCR Cases),. Pudukkottai 2.The Deputy Superintendent of Police, Aranthangi Pudukottai District 3.The Sub Inspector of Police Embal Police Station Pudukottai District 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.RMS.SETHURAMAN,Advocate(SR-101154[F] dated 25/11/2019) Order made in CRL.O.P (MD) No.17236 of 2019 25.11.2019 aav ES/26.11.2019/2P/6C https://hcservices.ecourts.gov.in/hcservices/ 2/2