Madras High CourtCRL OP(MD)/19235/2019disposed of

Chithirai Selvam v. The Inspector Of Police

2019-12-20Honourable Mr Justice A.D.Jagadish Chandira2 pages

CRL.O.P (MD) No.19235 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.12.2019

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA CRL.O.P (MD) No.19235 of 2019 Chithirai Selvam ... Petitioner/Sole Accused Vs

1. The Inspector of Police SIPCOT Police Station Sivagangai District (Crime No.139 of 2019) ..1st Respondent/Complainant 2.The Deputy Superintendent of Police, Manamadurai Circle Sivagangai District ..2nd Respondent/2nd Respondent

3. Malaisamy ...3rd Respondent/Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the Principal District and Sessions Court, Sivagangai to consider the surrender and bail application filed by the petitioner in Crime No. 139 of 2019 pending on the file of the respondent police on the same day.

For Petitioner : Mr.R.Gandhi 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 Court, Sivagangai 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.139 of 2019 on the file of the first 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 Principal District and Sessions Court, Sivagangai, to consider the petitioner's bail application, preferably on the same day of his surrender in connection with Crime No. 139 of 2019 on the file of the 1st respondent and pass appropriate orders in accordance with law after https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL.O.P (MD) No.19235 of 2019 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) aav To 1.The Principal District and Sessions Court, Sivagangai

2. The Inspector of Police SIPCOT Police Station Sivagangai District 3.The Deputy Superintendent of Police, Manamadurai Circle Sivagangai District Copy to:

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

CRL.O.P (MD) No.19235 of 2019 20.12.2019 KK/SAR/26.12.2019/2P-5C/ https://hcservices.ecourts.gov.in/hcservices/ 2/2