Madras High CourtCRL OP(MD)/2688/2022ordered

Jawahar v. The Deputy Superintendent Of Police

2022-02-08Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD) No.2688 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.02.2022

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CRL.O.P (MD) No.2688 of 2022

1. Jawahar

2. Bavani @ SahayaBavani

3. Parvathi

4. Leela ... Petitioners/Accused 1 to 4 Vs 1.The Deputy Superintendent of Police, Vallioor Sub Division Vallioor, Tirunelveli District ... Respondents 1 & 2/ Complainants 2.The Inspector of Police Koodankulam Police Station Tirunelveli District 3.R.Sumathi ... 3rd Respondent/ Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the Special Court for SC / ST (Prevention of Atrocities) ie., learned 2nd Additional District and Sessions Judge Tirunelveli to accept the surrender of the petitioners and consider their bail application on the same day on merits relating to the Crime No.373 of 2021 on the file of the second respondent police For Petitioners : Mr.S.R.Anbarasu For Respondents : Mr.R.M.Anbunithi No.1 and 2 Additional Public Prosecutor

O R D E R

This petition is filed for a direction to direct the learned 2nd Additional District and Sessions Judge Tirunelveli, to consider the bail petition of the petitioners on the same day of surrender and dispose the same on merits and in accordance with law in crime No.373 of 2021 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 the possibility of misusing the pious intention of the Parliament against innocent persons, there shall be a direction to the learned 2nd Additional District and Sessions Judge Tirunelveli, to consider the petitioners https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD) No.2688 of 2022 bail application, preferably on the same day of their surrender in connection with Crime No. 373 of 2021 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 petitioners 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 (AD I) // True Copy // / /2022 Sub Assistant Registrar(CS) aav To 1.The II Additional District and Sessions Judge Tirunelveli 2.The Deputy Superintendent of Police, Vallioor Sub Division Vallioor, Tirunelveli District 3.The Inspector of Police Koodankulam Police Station Tirunelveli District 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

CRL.O.P (MD) No.2688 of 2022 08.02.2022 MGJ(09.02.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2