Madras High CourtCRL OP(MD)/3978/2022disposed of

Periyathambi v. The Deputy Superintendent Of Police

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

Crl.O.P.(MD) No.3978 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.3978 of 2022

1. Periyathambi

2. Murugesan ... Petitioners/Accused Nos.1 & 2 Vs

1. The Deputy Superintendent of Police, Musiri Trichy District

2. The Inspector of Police Kattuputhur Police Station Trichy District

3. Saravanakumar ... Respondents/Investigation officer, Complainant & Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the I Additional District & Sessions Judge (PCR Court) Trichy to consider the petitioner's bail application on the same day of his surrender in Crime No. 45 of 2022 on the file of the Inspector of Police, Kattuputhur Police Station, Trichy District.

For Petitioners : Mr..T.Lenin Kumar 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 I Additional District & Sessions Judge(PCR Court) Trichy to consider the petitioner's bail application on the same day of his surrender in Crime No. 45 of 2022 on the file of the Inspector of Police, Kattuputhur Police Station, Trichy District.

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 I Additional https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD) No.3978 of 2022 District & Sessions Judge(PCR Court) Trichy, to consider the petitioners bail application, preferably on the same 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 I Additional District & Sessions Judge(PCR Court) Trichy

2. The Deputy Superintendent of Police, Musiri Trichy District

3. The Inspector of Police Kattuputhur Police Station Trichy District

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

Order made in CRL.O.P (MD) No.3978 of 2022 01.03.2022 am(CO) TR(02.03.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2