Madras High CourtCRL OP(MD)/3068/2022disposed of

K.Arumugam v. The Deputy Superintendent Of Police

2022-02-14Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD) No.3068 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.02.2022

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CRL.O.P (MD) No.3068 of 2022

1. K.Arumugam 2.K.Pandi @ Pandiselvam 3.M.Guna Sekaran ... Petitioners/Accused No.1 to 3 Vs 1.The Deputy Superintendent of Police, Samayanallur Sub Division, Madurai District.

2.The Sub-Inspector of Police Samayanallur Police Station Madurai District.

(Crime No.19 of 2022) ... Respondents 1 & 2/Complainant 3.J.Panchavarnam ... Respondent/ Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the learned Principal District & Sessions Judge (PCR Court), Madurai to accept the surrender of the Petitioners and consider their bail application on the same day on merits in relating to Crime No.19 of 2022 dated 03.02.2022 on the file of the Respondents Police.

For Petitioners : M/s.Manivannan C 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 Principal District & Sessions Judge (PCR Court), Madurai to accept the surrender of the Petitioners and consider their bail application on the same day on merits relating to Crime No.19 of 2022 dated 03.02.2022 on the file of the Respondents 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 the possibility of misusing the pious intention of the Parliament against innocent persons, there shall be a direction to the learned Principal https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD) No.3068 of 2022 District & Sessions Judge (PCR Court), Madurai, to consider the petitioners bail application, preferably on the same day of their surrender in connection with Crime No. 19 of 2022 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 (CRL) // True Copy // / /2022 Sub Assistant Registrar(CS) aav To 1.The Principal District & Sessions Judge (PCR Court), Madurai 2.The Deputy Superintendent of Police, Samayanallur Sub Division, Madurai District.

3.The Sub-Inspector of Police Samayanallur Police Station Madurai District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

CRL.O.P (MD) No.3068 of 2022 14.02.2022 MGJ(15.02.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2