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Madras High CourtCRL OP/8946/2022allowed

M.Muthukumar v. Deputy Superintendent Of Police

2022-04-19Honourable Mr Justice A.D.Jagadish Chandira2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.04.2022

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.8946 of 2022 M.Muthukumar

...Petitioner

Vs.

1.The Deputy Superintendent of Police, Dharapuram Sub-Division, Tiruppur District.

2.The Inspector of Police, Kangayam All Women Police Station, Tirupur 638 701.

...Respondents

PRAYER: This Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the learned Principal Sessions Judge, Tirupur for trial of cases under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, to consider the petitioner's Bail Application on the same day of his surrender in Crime No.6 of 2022 on the file of the respondent police. For Petitioner : M/s.Lourdu Paul Maurya 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 Sessions Judge, Tirupur for trial of cases under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, to consider the petitioner's Bail Application on the same day of his surrender in Crime No.6 of 2022 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) 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 Sessions Judge, Tirupur for trial of cases under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 to consider the petitioner bail application, https://hcservices.ecourts.gov.in/hcservices/

preferably on the same day of his surrender in connection with Crime No.6 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.

s/d- Assistant Registrar(CCC) True Copy Sub-Assistant Registrar shk/sai To

1. The Principal Sessions Judge, Tirupur for trial of cases under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 2.The Deputy Superintendent of Police, Dharapuram Sub-Division, Tiruppur District.

3.The Inspector of Police, Kangayam All Women Police Station, Tirupur 638 701.

4.The Public Prosecutor, High Court of Madras.

+1 CC to Mr.L.P. Maurya, Advocate sr 36404.

Crl.O.P.No.8946 of 2022 JPII(CO) SP(19/04/2022) https://hcservices.ecourts.gov.in/hcservices/