Madras High CourtCRL OP(MD)/3348/2022disposed of

Muthumani v. The Deputy Superintendent Of Police

2022-02-17Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD) No.3348 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.02.2022

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CRL.O.P (MD) No.3348 of 2022 Muthumani ... Petitioner/Accused No.2 Vs 1.The Deputy Superintendent of Police, Thanjavur Division, Thanjavur District.

2.The Inspector of Police Melatur Police Station, Thanjavur District.

(Crime No.42 of 2022) ..1st and 2nd Respondent/Complainant

3. Velusamy ..3rd Respondent/Defacto Complainant/victim PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the Hon'ble First Additional and Sessions Court for PCR Cases, Thanjavur to accept the petitioner surrender in connection with Crime No.42 of 2022, on the file of the second respondent and consider his bail application on the same day in accordance with law.

For Petitioner : Mr.C.Senthil Murugan For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor(Crl. Side) for R1 and R2.

O R D E R

This petition is filed for a direction to direct I Additional and Sessions Court for PCR Cases, Thanjavur to accept the petitioner surrender in connection with Crime No.42 of 2022, on the file of the second respondent and consider his bail application on the same day in accordance with law.

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 I Additional and Sessions Court for PCR Cases, Thanjavur, to consider the petitioner's bail application, preferably on the same day of his surrender in connection with Crime No. 42 of 2022 on the file of the https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD) No.3348 of 2022 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 (CRL) // True Copy // 18/02/2022 Sub Assistant Registrar(CS II) aav To 1.I Additional and Sessions Judge for PCR Cases, Thanjavur 2.The Deputy Superintendent of Police, Thanjavur Division, Thanjavur District.

3.The Inspector of Police Melatur Police Station, Thanjavur District.

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

CRL.O.P (MD) No.3348 of 2022 17.02.2022 MGJ(18.02.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2