Madras High CourtCRL OP(MD)/3796/2022disposed of

K.Mohamed Ayup Ansari @ Ansari v. The Deputy Superintendent Of Police

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

Crl.O.P.(MD) No.3796 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.3796 of 2022

1. K.Mohamed Ayup Ansari @ Ansari

2. Mohamed Ameer @ Ameer

3. Mohammed Ismail @ Ismail

4. Yasar Ibrahim @ Yasar ... Petitioners/Accused 2,3,6 & 7 Vs

1. The Deputy Superintendent of Police, Tenkasi Tenkasi District

2. The Inspector of Police Achanpudur Police Station Tenkasi District

3. Karpagaraj ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the learned II Additional District Sessions Judge cum P.C.R. Court, Tirunelveli to consider the petitioner's bail application and dispose the bail application on the same day, if the petitioner's surrender before the Learned II Additional District Sessions Judge cum P.C.R. Court, Tirunelveli in Crime No.39 of 2022 on the file of the 2nd respondent. For Petitioners : M/s. R.J.Karthick 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 Additional District Sessions Judge cum P.C.R. Court, Tirunelveli to consider the petitioner's bail application and dispose the bail application on the same day, if the petitioner's surrender before the Learned II Additional District Sessions Judge cum P.C.R. Court, Tirunelveli in Crime No.39 of 2022 on the file of the 2nd 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 https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD) No.3796 of 2022 misusing the pious intention of the Parliament against innocent persons, there shall be a direction to the learned II Additional District Sessions Judge cum P.C.R. Court, Tirunelveli, to consider the petitioners bail application, preferably on the same day of their 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 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(AS) // True Copy // / /2022 Sub Assistant Registrar(CS) aav To

1. The II Additional District Sessions Judge, (P.C.R.) 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.

Order made in CRL.O.P (MD) No.3796 of 2022 24.02.2022 srr(CO) TR(25.02.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2