Madras High CourtCRL OP(MD)/4115/2022disposed of

S.Narendran v. The Deputy Superintendent Of Police

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

CRL.O.P (MD) No.4115 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.03.2022

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CRL.O.P (MD) No.4115 of 2022

1. S.Narendran

2. Karthik

3. Thanush ... Petitioners/Accused No. 1 to 3 Vs

1. The Deputy Superintendent of Police, Karur District, Karur.

2. State rep. by The Inspector of Police, Thanthonimalai Police Station, Karur District.

(Cr.No.93/2022) ... 1st & 2nd Respondent/Complainant

3. Maheswaran ...3rd Respondent/Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the District Sessions Judge(PDJ), Special Court for trial of cases registered under SC/ST (POA) Act, Karur to consider the bail application of the petitioners on the same day on their surrender in connection with Cr.No.93 of 2022 on the file of the 2nd respondent police.

For Petitioners : Mr.L.Prabakaran 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 District Sessions Judge(PDJ), Special Court for trial of cases registered under SC/ST (POA) Act, Karur to consider the bail application of the petitioners on the same day on their surrender in connection with Cr.No.93 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 2District Sessions Judge(PDJ), Special Court for trial of cases , to consider https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL.O.P (MD) No.4115 of 2022 the petitioners bail application, preferably on the same day of their surrender in connection with Crime No. 93 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 (Crl.Side) // True Copy // / /2022 Sub Assistant Registrar(CS) aav To 1.The District Sessions Judge(PDJ), Special Court for trial of cases, Karur

2. The Deputy Superintendent of Police, Karur District, Karur.

3. The Inspector of Police, Thanthonimalai Police Station, Karur District.

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

+1 CC to M/s.L.PRABAKARAN, Advocate ( SR-10040[F] dated 04/03/2022 ) Order made in CRL.O.P (MD) No.4115 of 2022 03.03.2022 CK(CO) GC(04.03.2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2