Madras High CourtCRL OP(MD)/17295/2019ordered

Seeni Thangam W/O Govindaraj v. The Deputy Superintendent Of Police

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

CRL.O.P (MD) No.17295 of 2019 BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT DATED: 25.11.2019

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CRL.O.P (MD) No.17295 of 2019 Seeni Thangam ... Petitioner / 1st Accused Vs 1.The Deputy Superintendent of Police, Melur Madurai District

2. The Inspector of Police Keelavalavu Police Station Madurai District

3. Shanthi ... Respondents 1 & 2 / Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the Special judge for SC/ST (prevention of atrocities) act /3rd Additional District and Sessions Judge (PCR unit),Madurai to consider the bail application of the petitioner on the day of this surrender in crime No.191 of 2016 on the file of the respondent police.

For Petitioner : Mr.C.Thiruppathi 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 Special Judge for SC/ST (prevention of atrocities) act /3rd Additional District and Sessions Judge (PCR unit),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.191 of 2016 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 https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL.O.P (MD) No.17295 of 2019 persons, there shall be a direction to the learned Special judge for SC/ST (prevention of atrocities) act /3rd Additional District and Sessions Judge (PCR unit),Madurai to consider the petitioner's bail application, preferably on the same day of his surrender in connection with Crime No. 191 of 2016 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.

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

Sd/- Assistant Registrar (writs) // True Copy // Sub Assistant Registrar(CS) To 1.The Special judge for SC/ST (prevention of atrocities) act / 3rd Additional District and Sessions Judge (PCR unit),Madurai 2.The Deputy Superintendent of Police, Melur Madurai District

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

+1 CC to M/s.C.THIRUPPATHI, Advocate ( SR-100885[F] 25/11/2019 ) Order made in CRL.O.P (MD) No.17295 of 2019 25.11.2019 SDS/VR/SAR-1 (26.11.2019) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2