Madras High CourtCRL OP(MD)/3246/2022disposed of

Muthukalai Thevar @ Muthukalai v. The Deputy Superintendent Of Police

2022-02-16Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD) No.3246 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.02.2022

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CRL.O.P (MD) No.3246 of 2022 Muthukalai Thevar @ Muthukalai ... Petitioner Vs

1. The Deputy Superintendent of Police, Peraiyur Sub Division Madurai District.

2. State Rep by The Inspector of Police T.Kallupatti Police Station Madurai District.

(Crime No.29 of 2022)

3. Maripitchai ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the learned third Additional District & Sessions Judge (PCR Court), Madurai to accept the surrender of the Petitioner and consider his bail application on the same day on merits in relating to Crime No. 29 of 2022 dated 08.02.2022 on the file of the first respondent police For Petitioner : Mr.Mahendrapathy S 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 III Additional District & Sessions Judge (PCR Court), Madurai to accept the surrender of the Petitioner and consider his bail application on the same day on merits in relating to Crime No. 29 of 2022 dated 08.02.2022 on the file of the first 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 the possibility of misusing the pious intention of the Parliament against innocent persons, there shall be a direction to the learned III Additional District & Sessions Judge (PCR Court), Madurai , to consider the https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD) No.3246 of 2022 petitioner's bail application, preferably on the same day of his surrender in connection with Crime No. 29 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 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.

Sd/- Assistant Registrar(T & P) // True Copy // / /2022 Sub Assistant Registrar(CS) aav To

1. III Additional District & Sessions Judge (PCR Court), Madurai

2. The Deputy Superintendent of Police, Peraiyur Sub Division Madurai District.

3. The Inspector of Police T.Kallupatti Police Station Madurai District.

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

+1 CC to M/s.S.MAHENDRAPATHY, Advocate ( SR-6669[F] dated 17/02/2022 ) Order made in CRL.O.P (MD) No.3246 of 2022 16.02.2022 PK(CO) TR(17.02.2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2