Madras High CourtCRL OP(MD)/17540/2019ordered

Saravanan @ Manikandan v. The Deputy Superintendent Of Police

2019-11-28Honourable Mr Justice G.K. Ilanthiraiyan2 pages

CRL.O.P (MD) No.17540 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.11.2019

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CRL.O.P (MD) No.17540 of 2019

1. Saravanan @ Manikandan

2. Chockalinga Samy

3. Saravanan ... Petitioners/ Accused 1 to 3 Vs 1.The Deputy Superintendent of Police, Bodinayakanur Theni District 2.The Sub Inspector of Police Bodinayakanur Town Police Station Bodinayakanur (Crime No.995/2019) ... Respondents/Complainants PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the Principal District and Sessions Court, Theni to consider the petitioners bail application on the date of their surrender in respect of Crime No.995 of 2019 on the file of the Respondent police and grant the same on the very same day. For Petitioners : Mr.M.Kaliraj 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 lPrincipal District and Sessions Court, Theni , 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.995 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 Principal District and Sessions Court, Theni, to consider the petitioners bail application, preferably on the same day of their surrender in connection with Crime No. 995 of 2019 on the file of the 2nd respondent and pass https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL.O.P (MD) No.17540 of 2019 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 / True Copy / Sub Assistant Registrar(CS-III) To 1.The Principal District and Sessions Judge, Theni 2.The Deputy Superintendent of Police, Bodinayakanur Theni District 3.The Sub Inspector of Police Bodinayakanur Town Police Station Bodinayakanur 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.M. KALIRAJ, Advocate ( SR-102075[F] dated 28/11/2019) Order made in CRL.O.P (MD) No.17540 of 2019 28.11.2019 aav ES/SAR 3/29.11.2019/2P/6C https://hcservices.ecourts.gov.in/hcservices/ 2/2