Madras High CourtCRL OP(MD)/4483/2022ordered

Meena v. The Deputy Superintendent Of Police

2022-03-09Honourable Mr Justice G.K. Ilanthiraiyan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.03.2022

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P(MD)No.4483 of 2022 1.Meena 2.Meenachi ... Petitioners/ Accused Nos.2 & 3 Vs.

1.The State represented by The Deputy Superintendent of Police, Illupur, Pudukottai District.

... 1st Respondent/ Complainant 2.The Inspector of Police, Illupur Police Station, Pudukottai District.

(Crime No.36 of 2022) ... 2nd Respondent/ Complainant 3.Kalaingarnithi ... 3rd Respondent/ Defacto Complainant Prayer: Criminal Original Petition is filed under Section 482 Cr.P.C., to direct the learned Special Sessions Judge (FAC), Special Court for Trial of SC/ST (POA) Act Cases, Pudukottai, to consider the bail application of the petitioners on the same day of surrender in Crime No.36 of 2022 on the file of the second respondent Police Station.

For Petitioners : Mr.M.Suresh For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor (Crl.Side) for R.1 & R.2

ORDER

This petition is filed for a direction to direct the learned Special Sessions Judge (FAC), Special Court for Trial of SC/ST (POA) Act Cases, Pudukottai, to consider the bail application of the petitioners on the same day of surrender in Crime No.36 of 2022 on the file of the second respondent Police Station. 1/3

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 Sessions Judge (FAC), Special Court for Trial of SC/ST (POA) Act Cases, Pudukottai, to consider the petitioners bail application, preferably on the same day of their surrender in connection with Crime No.36 of 2022 on the file of the second 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 // 10/03/2022 Sub Assistant Registrar(CS) mga Note:In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To 1.The Special Sessions Judge (FAC), Special Court for Trial of SC/ST (POA) Act Cases, Pudukottai.

2.The Deputy Superintendent of Police, Illupur, Pudukottai District.

3.The Inspector of Police, Illupur Police Station, Pudukottai District.

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

Crl.O.P(MD)No.4483 of 2022 09.03.2022 SRR(CO) TR(10.03.2022) 3P 5C 3/3