Sethupathi vs The Deputy Superintendent Of Police on 9 September, 2019

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Madras High Court

Sethupathi vs The Deputy Superintendent Of Police on 9 September, 2019

Bench: G.K.Ilanthiraiyan

                                                                        Crl.O.P.(MD) No.12539 of 2019


                          BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT

                                               DATED: 09.09.2019

                                                       CORAM

                            THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN

                                        CRL.O.P (MD) No.12539 of 2019

                      Sethupathi                                            ... Petitioner
                                                        Vs

                      1.The Deputy Superintendent of Police,
                        Oomachikulam Division
                        Madurai District

                      2.The Inspector of Police
                        Othakadai Police Station
                        Madurai District

                      3.Shanmugavel                                   ... Respondents

                      PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C,
                      praying to direct the III Additional District and Sessions Judge(Special
                      Court for PCR Cases, Madurai) to consider the bail application on the
                      same day of his surrender in respect of Crime No. 357 of 2019 on the
                      file of the second respondent.


                                   For Petitioner  : Mr.D.Venkatesh
                                   For Respondents : Mr.K.Suyambulinga Bharathi,
                                                     G.A. (Crl. Side) for RR1 and 2




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http://www.judis.nic.in
                                                                         Crl.O.P.(MD) No.12539 of 2019


                                                    ORDER

This petition is filed for a direction to direct the learned III Additional District and Sessions Judge(Special Court for PCR Cases, Madurai) to consider the petitioner's bail petition on the same day of surrender and dispose the same on the same date on merits and in accordance with law in crime No.357 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 III Additional District and Sessions Judge(Special Court for PCR Cases, Madurai), to consider the petitioner's bail application, preferably on the same day of his surrender in connection with Crime No. 357 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.

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3. In view of the above, the Criminal Original Petition stands allowed.

09.09.2019 Internet:Yes./No Index:Yes/no aav Note: Issue order copy on 10.09.2019 To

1.The Deputy Superintendent of Police, Oomachikulam Division Madurai District

2.The Inspector of Police Othakadai Police Station Madurai District

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

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aav Order made in CRL.O.P (MD) No.12539 of 2019 09.09.2019 4/4 http://www.judis.nic.in

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