Madras High CourtCRL OP(MD)/17839/2019ordered

Murugan @ Sangilimurugan v. The Deputy Superintendent Of Police

2019-11-29Honourable Mr Justice G.K. Ilanthiraiyan2 pages

CRL.O.P (MD) No.17839 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.11.2019

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CRL.O.P (MD) No.17839 of 2019 Murugan @ Sangilimurugan ... Petitioner Vs 1.The Deputy Superintendent Of Police Sivagangai, Sivagangai District.

2.The Inspector of Police Kalayarkoil Police Station, Sivagangai District.

(Crime No. 307 of 2019).

3.Manikandan ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the learned Sessions Judge, Special Court for trail of SC and ST (POA ACT), Sivagangai District to accept the surrender of the petitioners in connection with the Crime No. 307/2019, pending investigation on the file of the. For Petitioner : Mr.V.Kannan For R1 and R2 : Mr.K.Suyambulinga Bharathi, Government Advocate(crl.side)

O R D E R

This petition has been filed for a direction, to direct the Sessions Judge, Special Court for trail of SC and ST (POA ACT), Sivagangai District, to consider the petitioner's bail petition of the petitioner on the same day of surrender and dispose the same on the same date on merits and in accordance with law in crime No.307 of 2019 on the file of the second 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 Sessions Judge, Special Court for trail of SC and ST (POA ACT), Sivagangai District, to consider the petitioner's bail application, preferably on the same day of he surrender in connection with Crime No.307 of 2019 on the https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL.O.P (MD) No.17839 of 2019 file of the second 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-III) To 1.The Sessions Judge, Special Court for trail of SC and ST (POA ACT), Sivagangai District.

2.The Deputy Superintendent Of Police Sivagangai, Sivagangai District.

3.The Inspector of Police Kalayarkoil Police Station, Sivagangai District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.V. KANNAN, Advocate ( SR-102754[F] dated 29/11/2019 ) Order made in CRL.O.P (MD) No.17839 of 2019 29.11.2019 LS KK/SAR 3/29.11.2019/2P/6C https://hcservices.ecourts.gov.in/hcservices/ 2/2