Madras High CourtCRL OP(MD)/3187/2022disposed of

Thangasamy v. The Deputy Superintendent Of Police

2022-02-15Honourable Mr Justice G.K. Ilanthiraiyan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.02.2022

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD) No.3187 of 2022

1. Thangasamy 2.Tamil Selvan 3.Rajkumar

...Petitioners/Accused

Vs.

1. The Deputy Superintendent of Police Pudukkottai Division Pudukkottai District

2. The Inspector of Police Gandarvakottai Police Station Pudukkottai District

...Respondents 1 & 2/

Complainant 3.Selvaraj ...3rd Respondent/ Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the learned District and Sessions Judge (PCR Cases), Pudukkottai to consider their bail application on the surrender of the Petitioners/Accused on the same day in connection with Crime No.641/2021 Dated:09.10.2021 on the file of the Respondent Police on merits on the same day.

For Petitioners : M/s.Rajarajan M For Respondents : Mr.R.M.Anbunithi No.1 to 2 Additional Public Prosecutor

ORDER

This petition is filed for a direction to direct the learned District and Sessions Judge (PCR Cases), Pudukkottai to consider their bail application on the surrender of the Petitioners/Accused on the same day in connection with Crime No.641/2021 dated:09.10.2021 on the file of the respondent Police on merits on the same day.

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 District and Sessions Judge (PCR Cases), Pudukkottai, to consider the petitioners bail application, preferably on the same day of their surrender in https://hcservices.ecourts.gov.in/hcservices/

connection with Crime No. 641 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 (CS I) // True Copy // 16/02/2022 Sub Assistant Registrar(CS) aav To

1. The District and Sessions Judge (PCR Cases), Pudukkottai

2. The Deputy Superintendent of Police Pudukkottai Division Pudukkottai District

3. The Inspector of Police Gandarvakottai Police Station Pudukkottai District 4.The Additional Public Prosecutor Madurai Bench of Madras High Court +1 CC to M/s.M.RAJARAJAN, Advocate ( SR-6261[F] dated 15/02/2022 ) Crl.O.P.(MD) No.3187 of 2022 15.02.2022 MGJ(16.02.2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/