Madras High CourtCRL OP(MD)/4249/2022disposed of

Muthupandi v. The Deputy Superintendent Of Police

2022-03-04Honourable Mr Justice G.K. Ilanthiraiyan2 pages

CRL.O.P (MD) No.4249 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.03.2022

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CRL.O.P (MD) No.4249 of 2022

1. Muthupandi

2. Selvi

3. Chellapandian ... Petitioners/Accused Nos 1 to 3 Vs 1.The Deputy Superintendent of Police, Thirupathur, Sivagangai District

2. The Inspector of Police Thiruppathur Town Police Station Sivagangai District.

(Crime No.21 of 2021) ... 1 & 2 Respondents/Complainants

3. Valarmathi ...3rd Respondent/Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the Special Court for cases Triable under SC and ST Act, Sivagangai to consider the bail application on the same day of surrender in Crime No.21 of 2021 on the file of second Police Station For Petitioners : Mr.P.Venkatasubramanian 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 Special Court for cases Triable under SC and ST Act, Sivagangai to consider the bail application on the same day of surrender in Crime No.21/2021 on the file of second Police Station

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 Special Court for cases Triable under SC and ST Act, Sivagangai, to consider the petitioners bail application, preferably on the same day of their surrender in connection with Crime No. 21 of 2021 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.

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CRL.O.P (MD) No.4249 of 2022

3. In view of the above, the Criminal Original Petition stands allowed.

Sd/- Assistant Registrar (CS-II) // True Copy // / /2022 Sub Assistant Registrar(CS) aav To 1.The Special Court for cases Triable under SC and ST Act, Sivagangai 2.The Deputy Superintendent of Police, Thirupathur, Sivagangai District

3. The Inspector of Police Thiruppathur Town Police Station Sivagangai District 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Order made in CRL.O.P (MD) No.4249 of 2022 04.03.2022 ark(CO) GC(07.03.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2