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Madras High CourtCRL OP/8940/2022allowed

Sivashanmugam v. The Deputy Superintendent Of Police

2022-04-20Honourable Mr Justice A.D.Jagadish Chandira2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.04.2022

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.8940 of 2022 Durai Gounder @ Sivashanmugam Rangasamy Gounder ... Petitioner/Accused Vs.

1.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Rayapuram, Tiruppur, Tamil Nadu 641 687.

2.State rep. By The Inspector of Police, Gudimangalam Police Station, Tiruppur District.

(Cr.No.108 of 2020) ... Respondents/Complainant PRAYER: This Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the learned Principal District and Sessions Judge, Thiruppur to accept the surrender of the petitioner in Crime No.108 of 2022 on the file of the respondent and to consider and pass orders on the bail application filed by the petitioner on the same day in Crime No.108 of 2022 pending on the file of the respondent police.

For Petitioner : Mr.R.Babu For Respondents : Mr.V.Meganathan, Government Advocate (crl.side)

O R D E R

This Criminal Original Petition has been filed seeking for a direction to the learned Principal District and Sessions Judge, Thiruppur to accept the surrender of the petitioner in Crime No.108 of 2022 on the file of the respondent and to consider and pass orders on the bail application filed by the petitioner on the same day in Crime No.108 of 2022 pending on the file of the respondent police.

2.In view of the specific bar under Section 18 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) https://hcservices.ecourts.gov.in/hcservices/

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, Thiruppur, to consider the petitioner's bail application, preferably on the same day of his surrender in connection with Crime No.108 of 2022 on the file of the second respondent and pass appropriate orders in accordance with law, after affording due opportunity to the victims 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-VII) //True Copy// Sub Assistant Registrar shk/sai To

1. The Principal District and Sessions Judge, Thiruppur 2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Rayapuram, Tiruppur, Tamil Nadu 641 687.

3.The Inspector of Police, Gudimangalam Police Station, Tiruppur District.

4.The Public Prosecutor, High Court of Madras.

+1cc to MR.R.Babu, Advocate, S.R.No.27593 [12/05/2022] Crl.O.P.No.8940 of 2022 AJS(CO) KM(21/04/2022) https://hcservices.ecourts.gov.in/hcservices/