Madras High CourtCRL OP(MD)/4213/2022disposed of

Selvan @ Joshuva v. The Deputy Superintendent Of Police

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

CRL.O.P (MD) No.4213 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.4213 of 2022

1. Selvan @ Joshuva

2. Raghu

3. Panchavarnam ... Petitioners/Accused Rank 1 to 3 Vs 1.The Deputy Superintendent of Police,(Rural), Office of the Deputy Superintendent of Police, Tirunelveli, Tirunelveli District

2. The Inspector of Police Manur Police Station Tirunelveli District.

(Crime No.50 of 2022) ... Respondent/Complainant

3. Raj ... Respondent/Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the II Additional Sessions Court, Tirunelveli (PCR Act cases) to consider the bail application of the petitioners on the same day of their surrender before that court in Connection with Cr.No.50 of 2022 on the file of the R2 after hearing the victims under Section 15(a) of the SC/ST Act. For Petitioners : Mr.V.Selvakumar 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 II Additional Sessions Court, Tirunelveli (PCR Act cases) to consider the bail application of the petitioners on the same day of their surrender before that court in Connection with Cr.No.50 of 2022 on the file of the R2 after hearing the victims under Section 15(a) of the SC/ST Act.

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 II Additional Sessions Court, Tirunelveli (PCR Act cases), to consider the petitioners bail application, preferably on the same day of their surrender in connection with Crime No. 1555 of 2020 on the file of the 2nd https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL.O.P (MD) No.4213 of 2022 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 (CS-II) // True Copy // / /2022 Sub Assistant Registrar(CS) aav To 1.The II Additional Sessions Judge, Tirunelveli (PCR Act cases) 2.The Deputy Superintendent of Police, (Rural), Office of the Deputy Superintendent of Police, Tirunelveli, Tirunelveli District

3. The Inspector of Police Manur Police Station Tirunelveli District 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Order made in CRL.O.P (MD) No.4213 of 2022 04.03.2022 ark(CO) GC(07.03.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2