Madras High CourtCRL OP(MD)/18350/2019disposed of

Pakkiyam v. The Inspector Of Police

2019-12-09Honourable Mr Justice A.D.Jagadish Chandira2 pages

CRL.O.P (MD) No.18350 of 2019 BEFORE THE MADURAI BENcH OF MADRAS HIGH COURT DATED: 09.12.2019

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA CRL.O.P (MD) No.18350 of 2019 Pakkiyam ... Petitioner/Accused No.5 Vs 1.The Deputy Superintendent of Police, Nanguneri Tirunelveli District 2.The Inspector of Police Kalakkad Police Station Tirunelveli District 3.Robin ... Respondents/Complainants PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the District and Sessions Judge,(PCR Court),Tirunelveli,Tirunelveli District to Consider the petitioners bail application on the day of surrender on the same day in crime No.424 of 2019 on the file of the 2nd respondent. For Petitioner : Mr.J.Sivaram For Respondents : Mr.S.Chandrasekar No.1 and 2 Additional Public Prosecutor

O R D E R

This petition is filed for a direction to direct the learned District and Sessions Judge,(PCR Court),Tirunelveli, Tirunelveli District 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.424 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 District and Sessions Judge,(PCR Court),Tirunelveli,Tirunelveli District , to consider the petitioner's bail application, preferably on the same day of his surrender in connection with Crime No. 424 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 https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL.O.P (MD) No.18350 of 2019 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) aav To 1.The District and Sessions Judge,(PCR Court), Tirunelveli,Tirunelveli District 2.The Deputy Superintendent of Police, Nanguneri Tirunelveli District 3.The Inspector of Police Kalakkad Police Station Tirunelveli District 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1cc to MR.J.SIVARAM, ADVOCATE, SR NO.104170 Order made in CRL.O.P (MD) No.18350 of 2019 09.12.2019 KK/SAR/10.12.2019/2P-6C/ https://hcservices.ecourts.gov.in/hcservices/ 2/2