Madras High CourtCRL OP(MD)/3734/2022disposed of

Haj Mohammed @ Haji Mohammed v. The Deputy Superintendent Of Police

2022-02-24Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD) No.3734 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.02.2022

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CRL.O.P (MD) No.3734 of 2022 Haj Mohammed @ Hajimohammed ... Petitioners/Sole Accused Vs

1. The Deputy Superintendent of Police, Alangudi Camp Office Pudukkottai District

2. The Inspector of Police Karambakudi Police Station Pudukkottai District ... Respondent 1&2/Complainant 3.Pandiyan ... Respondent 3/ Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the learned Principal Sessions Judge (Special Judge for SC/ST) Pudukkottai District to consider the bail application filed by the petitioner/accused on the same day of surrender in Crime No. 43 of 2022 on the file of the 2nd respondent police.

For Petitioner : M/s.P.Ganapathi Subramanian 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 Principal Sessions Judge (Special Judge for SC/ST) Pudukkottai District to consider the bail application filed by the petitioner/accused on the same day of surrender of surrender in Crime No. 43 of 2022 on the file of the 2nd 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 Principal Sessions Judge (Special Judge for SC/ST) Pudukkottai District, to consider the petitioners bail application, preferably on the same day of his surrender in connection with Crime No. 43 of 2022 on the https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD) No.3734 of 2022 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's 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 (As) // True Copy // / /2022 Sub Assistant Registrar(CS) aav To

1. The Principal Sessions Judge (Special Judge for SC/ST Act Cases)Pudukkottai District, Pudukkottai

2. The Deputy Superintendent of Police, Alangudi Camp Office Pudukkottai District

3. The Inspector of Police Karambakudi Police Station Pudukkottai District

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

CRL.O.P (MD) No.3734 of 2022 24.02.2022 MGJ(25.02.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2