Madras High CourtCRL OP(MD)/4206/2022disposed of

Prem @ Permkumar v. The Deputy Superintendent Of Police

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

Crl.O.P.(MD) No.4206 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.4206 of 2022 Prem @ Premkumar ... Petitioner/Accused No.2 Vs 1.The Deputy Superintendent of Police, Samayanallur, Madurai District.

2. The Inspector of Police Alanganallur Police Station Madurai District (Crime No.1555/2020)

3. Ayyanar ... Respondents/Complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the Special Judge for SC/ST (Prevention of Atrocities) Act/3rd Additional District and Sessions judge(PCR Unit) Madurai to consider the bail application of the petitioner on the same day of his surrender in Cr.No.1555 of 2020 on the file of the respondent police For Petitioner : Mr.R.Manoharan 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 Special Judge for SC/ST (Prevention of Atrocities) Act/3rd Additional District and Sessions judge(PCR Unit) Madurai to consider the bail application of the petitioner on the same day of his surrender in Cr.No.1555 of 2020 on the file of the 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 Special Judge for SC/ST (Prevention of Atrocities) Act/3rd Additional District and Sessions judge(PCR Unit) Madurai, to consider the petitioner's bail application, preferably on the same day of his surrender in connection with Crime No. 1555 of 2020 on the file of the 2nd respondent and pass appropriate orders in accordance with law after https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD) No.4206 of 2022 affording due opportunity to the victim under Section 15(a) of the SC/ST Act. The petitioner 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 Special Judge for SC/ST (Prevention of Atrocities) Act/ 3rd Additional District and Sessions Judge(PCR Unit) Madurai 2.The Deputy Superintendent of Police, Samayanallur, Madurai District.

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

+1 CC to Mr.R.MANOHARAN, Advocate SR.No. 10280 Order made in CRL.O.P (MD) No.4206 of 2022 04.03.2022 ark(CO) TR(07.03.2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2