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Madras High CourtCRL OP(MD)/18450/2019disposed of

Raja v. The Deputy Superintendent Of Police

2019-12-10Honourable Mr Justice A.D.Jagadish Chandira2 pages

Crl.O.P.(MD)No.18450 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.12.2019

CORAM:

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.(MD)No. 18450 of 2019

1. Raja

2. Ravi ... Petitioners/A-1 & A-2 Vs

1. The Deputy Superintendent of Police, Thiruppathur Division, Sivagangai District.

...1st Respondent /Investigation Officer

2. The Inspector of Police, District Crime Branch, Sivagangai.

(crime no. 30 of 2019) ...2nd Respondent / Complainant

3. Manickavalli ...3rd Respondent / Defacto Complainant Prayer:Criminal Original Petition filed under Section 482 Cr.P.C. to direct the learned Sessions Judge, Special Judge of Exclusive Trial Cases SC/ST Cases (POA) Act, 1989, Sivagangai to consider and dispose of the bail application of the petitioners in Crime No. 30 of 2019 on the file of the second respondent on the same day of their surrender before the said Court.

For Petitioners : Mr. S. Bharathy Kannan For R-1 & R-2 : Mrs.S. Bharathi, Government Advocate (Crl. Side)

ORDER

The Criminal Original Petition has been filed to direct the learned Sessions Judge, Special Judge of Exclusive Trial Cases SC/ST Cases (POA) Act, 1989, Sivagangai to consider and dispose of the bail application of the petitioners in Crime No. 30 of 2019 on the file of the second respondent on the same day of their surrender before the said Court.

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 Sessions Judge, Special Judge of Exclusive Trial Cases SC/ST Cases (POA) Act, 1989, Sivagangai, to consider the petitioners bail application, preferably on the same day of his surrender in connection with Crime No.30 of 2019 on the file of the 2nd respondent and pass appropriate orders in https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.18450 of 2019 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 (co) // True Copy // Sub Assistant Registrar(CS) ksa To

1. The Sessions Judge, Special Judge of Exclusive Trial Cases SC/ST Cases (POA) Act, Sivagangai.

2. The Deputy Superintendent of Police, Thiruppathur Division, Sivagangai District.

3. The Inspector of Police, District Crime Branch, Sivagangai.

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

+1 CC to M/s.M/S.S.BHARATHY KANNAN, Advocate ( SR-104171[F] dated 10/12/2019 ) Crl.O.P.(MD)No.18450 of 2019 10.12.2019 sma/18/12/2019/2p/6c https://hcservices.ecourts.gov.in/hcservices/ 2/2