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Madras High CourtCRL OP(MD)/17496/2019ordered

G. Mathava Singh S/O T.P.Ganesan v. The Deputy Superintendent Of Police

2019-11-27Honourable Mr Justice G.K. Ilanthiraiyan2 pages

CRL.O.P (MD) No.17496 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.11.2019

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CRL.O.P (MD) No.17496 of 2019 G.Mathava Singh ... Petitioner/Sole Accused Vs 1.The Deputy Superintendent of Police, Srivaikundam Sub Division Thoothukudi District ...1st Respondent/Investigating Officer

2. The Inspector of Police Kurumbur Police Station Thoothukudi District ...2nd Respondent/Complainant

3. Bhuvaneshwari ... 3rd Respondent/Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the learned II Additional District and Sessions Judge (special judge for PCR cases) ,Tirunelveli,to consider and dispose of the bail application filed by the petitioner herein Crime No.112 of 2019 dated 19.11.2019 on the file of the second respondent herein on the same day of his surrender before the said court.

For Petitioner : Mr.A.Thiruvadikumar 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 II Additional District and Sessions Judge (special judge for PCR cases) ,Tirunelveli 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.112 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 II Additional District and Sessions Judge (special judge for PCR cases) , Tirunelveli, to consider the petitioner's bail application, https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL.O.P (MD) No.17496 of 2019 preferably on the same day of his surrender in connection with Crime No. 112 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.

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

Sd/- Assistant Registrar / True Copy / Sub Assistant Registrar(CS-II) To 1.The II Additional District and Sessions Judge (special Judge for PCR cases),Tirunelveli, 2.The Deputy Superintendent of Police, Srivaikundam Sub Division Thoothukudi District

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

+1CC to M/s.A.THIRUVADI KUMAR,Advocate (SR-101844[F] dated 27/11/2019) Order made in CRL.O.P (MD) No.17496 of 2019 27.11.2019 aav ES/28.11.2019/2P/6C https://hcservices.ecourts.gov.in/hcservices/ 2/2