Madras High CourtCRL OP(MD)/19355/2019disposed of

Rajkumar v. The Deputy Superintendent Of Police

2020-01-02Honourable Mr Justice A.D.Jagadish Chandira2 pages

CRL.O.P (MD) No.19355 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.01.2020

CORAM

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA CRL.O.P (MD) No.19355 of 2019 Rajkumar ... Petitioner/Accused No.3 Vs 1.The Deputy Superintendent of Police, Paramakudi, Ramanathapuram District

2. State rep.by The Inspector of Police Paramakudi Town Police Station Ramanthapuram District ...Respondents/Complainant

3. Sanjai Hariprasath ... 3rd Respondent/Defact Complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the learned Principal District and Sessions Judge (PCR Court) Ramanathapuram to accept the surrender of the petitioner and consider his bail application on the same day on merits in relating to Crime No.171/2015 on the file of the 2nd respondent Police.

For Petitioner : Mr.G.Vishnuram 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 Principal District and Sessions Judge (PCR Court) Ramanathapuram 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.171 of 2015 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 Principal District and Sessions Judge (PCR Court) Ramanathapuram , to consider the petitioner's bail application, preferably on the same day of his https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL.O.P (MD) No.19355 of 2019 surrender in connection with Crime No. 171 of 2015 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 (AD-II) / True Copy / Sub Assistant Registrar(CS-III) To 1.The Principal District and Sessions Judge (PCR Court) Ramanathapuram 2.The Deputy Superintendent of Police, Paramakudi, Ramanathapuram District

3. The Inspector of Police Paramakudi Town Police Station Ramanthapuram District 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.G.VISHNURAM, Advocate ( SR-90[F] dated 03/01/2020 ) Order made in CRL.O.P (MD) No.19355 of 2019 02.01.2020 aav ES/SAR 3/03.01.2020/2P/6C https://hcservices.ecourts.gov.in/hcservices/ 2/2