Madras High CourtCRL OP(MD)/3970/2022disposed of

Muthu @ Muthukumar v. The Deputy Superintendent Of Police

2022-03-01Honourable Mr Justice G.K. Ilanthiraiyan2 pages

CRL.O.P (MD) No.3970 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.03.2022

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CRL.O.P (MD) No.3970 of 2022

1. Muthu @ Muthukumar

2. Ashok @ Ashokkumar

3. Saravanan

4. Mutuvelautham @ Velayutham

5. Veeranan ... Petitioners/Accused 1&3 to 6 Vs

1. The Deputy Superintendent of Police, Tirumangalam, Madurai District

2. The Inspector of Police Perungudi Police Station Madurai District ...1 & 2 Respondents/Complainants (*)3. Muthuvel ...3rd Respondent/Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the III Additional District & Sessions Court for the Scheduled Castes and the Scheduled Tribes(Prevention of Atrocities) Act at Madurai to consider the bail application on the same day on merits in accordance with law in the event of surrender of the petitioner in connection with Crime No. 178 of 2017 pending on the file of the respondent.

For Petitioners : Mr.V.Manikandan For Respondents : Mr.B.Thanga Aravindh No.1 and 2 Government Advocate

O R D E R

This petition is filed for a direction to direct the III Additional District & Sessions Court for the Scheduled Castes and the Scheduled Tribes(Prevention of Atrocities) Act at Madurai to consider the bail application on the same day on merits in accordance with law in the event of surrender of the petitioner in connection with Crime No. 178 of 2017 pending on the file of the 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 III Additional District & Sessions Court for the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act at Madurai , to consider the petitioners bail application, preferably on the same day of their https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL.O.P (MD) No.3970 of 2022 surrender in connection with Crime No. 178 of 2017 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-II) (*)Corrected as per the order of this Court dated 07.03.2022 made in CRL OP(MD).3970 of 2022 Sd/- Assistant Registrar (CS-II) // True Copy // / /2022 Sub Assistant Registrar(CS) aav To (*)To be substituted to the order already despatched on 02.03.2022

1. The III Additional District & Sessions Court for the Scheduled Castes and the Scheduled Tribes(Prevention of Atrocities) Act at Madurai.

2. The Deputy Superintendent of Police, Tirumangalam, Madurai District.

3. The Inspector of Police Perungudi Police Station Madurai District

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

+1 CC to M/s.V.MANIKANDAN, Advocate ( SR-9344[F] dated 01/03/2022 ) Order made in CRL.O.P (MD) No.3970 of 2022 01.03.2022 USK/02.03.2022/2P/6C TR(07.03.2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2