Madras High CourtCRL OP/7679/2022allowed

K.Dharmalingam v. The State Rep By

2022-04-04Honourable Mr Justice A.D.Jagadish Chandira2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.04.2022

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.7679 of 2022 K.Dharmalingam ... Petitioner Vs.

1. The State represented by, The Superintendent of Police, (P.C.R.Cell), O/o.the Superintendent of Police, Puducherry.

2. The Inspector of Police, C.I.D. Police Station, Puducherry.

(In Cr.No.11 of 2020) ... Respondents PRAYER: This Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the learned * II Additional District Judge, (Special Judge for SC/ST), Puducherry, to accept the surrender of the petitioner and to consider his bail application on the same day of his surrender in Crime No.11 of 2020 on the file of the second respondent police.

For Petitioner : Mr.M.Dinesh Hari Sudarsan For Respondents : Mr.V.Balamurugane, Additional Public Prosecutor (Puducherry)

ORDER

This Criminal Original Petition has been filed seeking for a direction to the learned * II Additional District Judge, (Special Judge for SC/ST), Puducherry, to accept the surrender of the petitioner and to consider his bail application on the same day of his surrender in Crime No.11 of 2020 on the file of the second respondent police.

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 District Judge, (Special Judge for SC/ST), Puducherry, to consider the petitioner bail application, preferably on the same day of his surrender in connection with Crime No.11 of 2020 on the file of the second respondent and pass appropriate orders in accordance with law, after affording due opportunity to the victim under Section 15-A of the SC/ST (POA) Act, 1989. 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(CS III) dated: 05.04.2022 //True Copy// * Corrected as per order of this Court dated 28.04.2022 in Crl.MP.No.5520 of 2022 in Crl.O.P.No.7679 of 2022 Sd/- Assistant Registrar(CS III) dated: 10.06.2022 Sub Assistant Registrar SHK To

1. The II Additional District Judge, (Special Judge for SC/ST), Puducherry

2. The Superintendent of Police, (P.C.R.Cell), O/o.the Superintendent of Police, * To be Puducherry.

Substituted to the order

3. The Inspector of Police, already C.I.D. Police Station,Puducherry.

Despatched on 07.04.2022

4. The Public Prosecutor (Puducherry), High Court of Madras.

+1cc to M/s.M.Dinesh, Advocate, S.R.No.29882 Crl.O.P.No.7679 of 2022 NK(CO) TE(05/04/2022) UMA(10/06/2022)