Madras High CourtCRL OP(MD)/4359/2022disposed of

Vinothkumar v. The Deputy Superintendent Of Police

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

CRL.O.P (MD) No.4359 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.4359 of 2022

1. Vinothkumar

2. Arun @ Arunpandian ... Petitioners/Accused Nos 3 & 4 Vs 1.The Deputy Superintendent of Police, Pudukkottai, Pudukkottai District.

2.The Sub-Inspector of Police, Arimalam Police Station, Pudukkottai, Pudukkottai District.

(Crime No. 30 of 2022)

...Respondents/Complainants

3. Rajapandiyan ...3rd Respondent/Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the learned Sessions Judge, Special Court for SC/ST Act Cases, Pudukkottai to accept the surrender of the petitioners and consider this bail application on the same day in connection with Crime No. 30 of 2022 on the file of the respondent police.

For Petitioners : Mr.G.Mathavan 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 Sessions Judge, Special Court for SC/ST Act Cases, Pudukkottai to accept the surrender of the petitioners and consider this bail application on the same day in connection with Crime No. 30 of 2022 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 Sessions Judge, Special Court for SC/ST Act Cases, Pudukkottai , to consider the petitioners bail application, preferably on the same day of their surrender in connection with Crime No. 30 of 2022 on the file of the 2nd respondent and pass appropriate orders in accordance with law https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL.O.P (MD) No.4359 of 2022 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 (AD-II) // True Copy // / /2022 Sub Assistant Registrar(CS) aav To 1.The Sessions Judge, Special Court for SC/ST Act Cases, Pudukkottai 2.The Deputy Superintendent of Police, Pudukkottai, Pudukkottai District.

3.The Sub-Inspector of Police, Arimalam Police Station, Pudukkottai, Pudukkottai District.

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

Order made in CRL.O.P (MD) No.4359 of 2022 07.03.2022 AM(CO) GC(08.03.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2