Madras High CourtCRL OP(MD)/18380/2019disposed of

Regina Santhi v. The Deputy Superintendent Of Police

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

CRL.O.P (MD) No.18380 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.18380 of 2019 Regina Shanthi ... Petitioner/ Accused No.5 Vs 1.The Deputy Superintendent of Police, Valliyur Tirunelveli District 2.The Inspector of Police Thisayanvilai Police Station Tirunelveli District (Crime No.391 of 2019) ... Respondents No.1 and 2/ Complainants

3. Vishnu ...3rd Respondent/Defacto Complainant/Victim PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the learned II Additional District and Sessions Judge, Tirunelveli (PCR Act Cases) to consider the bail application of the Petitioner concerned in Crime No.391 of 2019 on the file of the 2nd respondent Police For Petitioner : Mr.K.Sivabalan 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 II Additional District and Sessions Judge, Tirunelveli (PCR Act Cases) 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.391 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 II Additional https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL.O.P (MD) No.18380 of 2019 District and Sessions Judge, Tirunelveli (PCR Act Cases) , to consider the petitioner's bail application, preferably on the same day of his surrender in connection with Crime No. 391 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 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 (Crl Side) // True Copy // Sub Assistant Registrar(CS) aav Note: Issue order copy on 10.12.2019 To 1.The II Additional District and Sessions Judge, Tirunelveli (PCR Act Cases) 2.The Deputy Superintendent of Police, Valliyur Tirunelveli District 3.The Inspector of Police Thisayanvilai Police Station Tirunelveli District 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.M/S.K.SIVABALAN, Advocate ( SR-104151[F] dated 10/12/2019 Order made in CRL.O.P (MD) No.18380 of 2019 09.12.2019 KK/SAR/10.12.2019/2P-6C/ https://hcservices.ecourts.gov.in/hcservices/ 2/2