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Madras High CourtCRL OP/9465/2022allowed

R.Dharmalingam v. State Rep By

2022-04-26Honourable Mr Justice A.D.Jagadish Chandira2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.04.2022

CORAM

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA CRL.O.P.NO.9465 OF 2022 R.Dharmalingan ... Petitioner .Vs.

The State Represented by

1. The Deputy Superintendent of Police, Ooty Town, The Nilgiris.

2. The Inspector of Police, Ooty Town Central Police Station, The Nilgiris.

... Respondents PRAYER:- This Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the Principal District and Sessions Judge, The Nilgiris at Ootacamund to consider the bail application of the Petitioner on the same day of his surrender in Crime No.92 of 2022 on the file of the Respondent.

For Petitioner :

Mr.K.Balasubramaniam For Respondent :

Mr.V.Meganathan Government Advocate (Criminal Side) Mr.Rajaguru For intervenor/Defacto Complainant

O R D E R

This Criminal Original Petition has been filed seeking for a direction to the learned Principal District and Sessions Judge, The Nilgiris at Ootacamund to consider the bail application of the Petitioner on the same day of his surrender in Crime No.92 of 2022 on the file of the Respondent.

2. Mr.Rajaguru, learned counsel for the intervenor/defacto complainant would submit that it is the case, where the victim https://hcservices.ecourts.gov.in/hcservices/

has been sexually harassed by the Petitioner.

3. 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 District and Sessions Judge, The Nilgiris at Ootacamund to consider the bail application of the Petitioner on the same day of his surrender in Crime No.92 of 2022 on the file of the 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.

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

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar shk/sai To 1.

The Principal District and Sessions Judge, The Nilgiris at Ootacamund.

2.

The Deputy Superintendent of Police, Ooty Town, The Nilgiris.

3.

The Inspector of Police, Ooty Town Central Police Station, The Nilgiris.

4.

The Public Prosecutor, High Court of Madras.

+1cc to Mr.K.Balasubramaniam, Advocate, S.R.No.28294 CRL.O.P.NO.9465 OF 2022 PA(CO) PBS/27/04/2022 https://hcservices.ecourts.gov.in/hcservices/