Madras High CourtCRL OP(MD)/3572/2022disposed of

S.Abubacker Siddiq v. The Deputy Superintendent Of Police

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

Crl.O.P.(MD) No.3572 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.3572 of 2022 S.Abubacker Siddiq (wrongly shown as Sitthik) ... Petitioner/Accused No.1 Vs

1. The Deputy Superintendent of Police, Tenkasi Tenkasi District

2. The Inspector of Police Achanpudur Police Station Tenkasi District ... Respondents/Complainant 3.Karpagaraj ... Respondent/ Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to issue necessary direction to the learned II Addl. District Judge (PCR Court), Tirunelveli to consider and pass orders on bail application to be filed by the petitioner in connection with Crime No.39 of 2022 pending on the file of the second respondent.

For Petitioner : M/s.Syed Ali N 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 II Addl. District Judge (PCR Court), Tirunelveli to consider and pass orders on bail application to be filed by the petitioner in connection with Crime No.39 of 2022 pending on the file of the second respondent.

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 II Addl. District Judge (PCR Court), Tirunelveli, to consider the petitioner's bail application, preferably on the same day of his surrender in connection with Crime No. 39 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 https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD) No.3572 of 2022 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 III) // True Copy // 22/02/2022 Sub Assistant Registrar(CS) aav To 1.The II Addl. District Judge (PCR Court), Tirunelveli 2.The Deputy Superintendent of Police, Tenkasi Tenkasi District 3.The Inspector of Police Achanpudur Police Station Tenkasi District 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.N.SYED ALI, Advocate ( SR-7286[F] dated 21/02/2022 ) CRL.O.P (MD) No.3572 of 2022 21.02.2022 MGJ(22.02.2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2