Madras High CourtCRL OP(MD)/3964/2022disposed of

Thiruppathi Selvam v. The Deputy Superintendent Of Police

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

CRL.O.P (MD) No.3964 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.3964 of 2022

1. Thiruppathi Selvam

2. Karthick @ Karthik Raja

3. Manoj @ Manoj Kumar

4. Akni Sathish @ Sathish Kumar ... Petitioners/ Accused No.1, 2, 4 & 9 Vs

1. The Deputy Superintendent of Police, SankaranKovil Division Tenkasi District ... 1st Respondent/ Investigating Officer

2. The Inspector of Police Sendhamaram Police Station Tenkasi District (Crime No. 45 of 2022) ... 2nd Respondent/Complainant

3. Ponnish ... 3rd Respondent/ Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the II Additional District & Sessions Judge(Special Court for PCR Cases), Tirunelveli to consider their bail application on the same day of their surrender in respect of Crime No. 45 of 2022 on the file of the 2nd respondent, pending investigation.

For Petitioners : M/s.D.Venkatesh 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 learned II Additional District & Sessions Judge(Special Court for PCR Cases), Tirunelveli to consider their bail application on the same day of their surrender in respect of Crime No. 45 of 2022 on the file of the 2nd respondent, pending investigation.

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 Additional District & Sessions Judge(Special Court for PCR Cases), Tirunelveli, to consider the petitioners bail application, preferably on the same https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL.O.P (MD) No.3964 of 2022 day of their surrender in connection with Crime No. 45 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 (Records) // True Copy // / /2022 Sub Assistant Registrar(CS) aav To

1. The II Additional District & Sessions Judge (Special Court for PCR Cases), Tirunelveli

2. The Deputy Superintendent of Police, SankaranKovil Division Tenkasi District

3. The Inspector of Police Sendhamaram Police Station Tenkasi District

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

Order made in CRL.O.P (MD) No.3964 of 2022 01.03.2022 am(CO) GC(02.03.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2