Madras High CourtCRL OP(MD)/17693/2019ordered

Mohammed Yaseen @ Yaseen v. The Deputy Superintendent Of Police

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

CRL.O.P (MD) No.17693 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.17693 of 2019 Mohammed Yaseen @ Yaseen ... Petitioner/Accused No.2 Vs 1.The Deputy Superintendent of Police, Madurai Madurai District 2.The Inspector of Police Keelavalavu Police Station Madurai District (Crime No.191 of 2016) ... Respondents 1 and 2/Complainants 3.A.Shanthi ...3rd Respondent/Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the learned III Additional District and Sessions Judge and PCR court,Madurai to accept the surrender of the petitioner along with bail application in Crime No. 191/2016 on the file of the 2nd respondent police herein and to dispose the bail application on the same day on merits.

For Petitioner : Mr.S.Saravanakumar 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 III Additional District and Sessions Judge and PCR court,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 persons, there shall be a direction to the learned III Additional District and Sessions Judge and PCR court,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 https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL.O.P (MD) No.17693 of 2019 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) To 1.The III Additional District and Sessions Judge and PCR court,Madurai 2.The Deputy Superintendent of Police, Madurai 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.S. SARAVANA KUMAR, Advocate ( SR-102119[F] dated 28/11/2019 ) Order made in CRL.O.P (MD) No.17693 of 2019 28.11.2019 KK/SAR/29.11.2019/2P-6C/ https://hcservices.ecourts.gov.in/hcservices/ 2/2