Madras High CourtCRL OP(MD)/4297/2022disposed of

Nellaiappan @ Karthick v. The Deputy Superintendent Of Police

2022-03-07Honourable Mr Justice G.K. Ilanthiraiyan2 pages

CRL.O.P (MD) No.4297 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.03.2022

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CRL.O.P (MD) No.4297 of 2022 Nellaiappan @ Karthick ... Petitioner/Accused No.2 Vs 1.The Deputy Superintendent of Police, Ambasamudram Division, Tirunelveli District.

2.The Inspector of Police, Vickramasingapuram Police Station, Tirunelveli District.

Crime No.61 of 2022 ... 1st & 2nd Respondents/ Complainant

3. Maheswaran ... 3rd Respondent/ De-facto Complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the learned II-Additional District & Sessions Judge (PCR Court), Tirunelveli to accept the surrender of the petitioner and consider his bail application on the same day on merits in relating to Crime No. 61 of 2022 on the file of the 2nd respondent police.

For Petitioners : Mr.C.Saravanakumar 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 direct the learned II-Additional District & Sessions Judge (PCR Court), Tirunelveli to accept the surrender of the petitioner and consider his bail application on the same day on merits in relating to Crime No. 61 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 2nd Additional District and Sessions Judge Tirunelveli, to consider the petitioner's bail application, preferably on the same day of his surrender in connection with Crime No. 61 of 2022 on the file of https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL.O.P (MD) No.4297 of 2022 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 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 (C.S.III) // True Copy // 08/03/2022 Sub Assistant Registrar(CS) To

1. II-Additional District & Sessions Judge (PCR Court), Tirunelveli 2.The Deputy Superintendent of Police, Ambasamudram Division, Tirunelveli District.

3.The Inspector of Police, Vickramasingapuram Police Station, Tirunelveli District.

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

+1 cc to Mr.C.SARAVANAKUMAR, Advocate, SR.No.10689 Order made in CRL.O.P (MD) No.4297 of 2022 07.03.2022 SA (08.03.2022) 2P 6c https://hcservices.ecourts.gov.in/hcservices/ 2/2