Madras High CourtCRL OP(MD)/3568/2022disposed of

Alagappan v. The Deputy Superintendent Of Police

2022-02-21Honourable Mr Justice G.K. Ilanthiraiyan2 pages

CRL.O.P (MD) No.3568 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.02.2022

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CRL.O.P (MD) No.3568 of 2022

1. Alagappan

2. Maha @ Mahalakshmi

3. Sakthivel

4. Jothiraj

5. Palanivel ... Petitioner/Accused No.5,6 & other Accuseds rank not known /Petitioner No.3 to 5 Vs 1.The Deputy Superintendent of Police, Illupur, Pudukkottai District.

2.The Inspector of Police Annavasal Police Station Pudukkottai District.

... Respondent/Complainant 3.Sarasu ... Respondent/Defacto Complainant 4.Ullagappan ... Respondent/Victim PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the learned District and Session's Judge (PCR Cases) Pudukkottai, to consider the bail application on the surrender of the Petitioner/Accused on the same day in Cr.No.4/2022 on the file of the respondent police, on merits on the same day. For Petitioners : M/s.G.Mathavan, Advocate 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 District and Session's Judge (PCR Cases) Pudukkottai, to consider the bail application on the surrender of the Petitioner/Accused on the same day in Cr.No.4/2022 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 Session's 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/ 1/2

CRL.O.P (MD) No.3568 of 2022 connection with Crime No. 4 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 (CS-I) // True Copy // 22/02/2022 Sub Assistant Registrar(CS) To 1.The District and Session's Judge (PCR Cases), Pudukkottai 2.The Deputy Superintendent of Police, Illupur, Pudukkottai District.

3.The Inspector of Police Annavasal Police Station, Pudukkottai District.

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

Order made in CRL.O.P (MD) No.3568 of 2022 21.02.2022 RS(22.02.2022) 2P-5C https://hcservices.ecourts.gov.in/hcservices/ 2/2