Madras High CourtCRL OP(MD)/4480/2022ordered

Dheena @ Dheenadayalan v. The Deputy Superintendent Of Police

2022-03-09Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD)No.4480 of 2022 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.4480 of 2022 Dheena @ Dheenadayalan ... Petitioner/ Sole Accused Vs.

1.The State represented by The Deputy Inspector of Police, Thiruvadanai Division, Ramanathapuram District.

... 1st Respondent/ Investigating Officer 2.The Inspector of Police, Thiruvadanai Police Station, Ramanathapuram District.

... 2nd Respondent/ Complainant 3.Ganesan ... 3rd Respondent/ Defacto Complainant Prayer: Criminal Original Petition is filed under Section 482 Cr.P.C., to direct the learned Principal District & Sessions Judge (Special Court for PCR Cases), Ramanathapuram, to consider the petitioner's bail application on the same day of his surrender in respect of Crime No.60 of 2022 on the file of the second respondent. For Petitioner : Mr.D.Venkatesh 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 Principal District & Sessions Judge (Special Court for PCR Cases), Ramanathapuram, to consider the petitioner's bail application on the same day of his surrender in respect of Crime No.60 of 2022 on the file of the second respondent.

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 https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.4480 of 2022 misusing the pious intention of the Parliament against innocent person, there shall be a direction to the learned Principal District & Sessions Judge (Special Court for PCR Cases), Ramanathapuram, to consider the petitioner's bail application, preferably on the same day of their surrender in connection with Crime No.60 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 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 // 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 Principal District & Sessions Judge, (Special Court for PCR Cases), Ramanathapuram. 2.The Deputy Inspector of Police, Thiruvadanai Division, Ramanathapuram District. 3.The Inspector of Police, Thiruvadanai Police Station, Ramanathapuram District. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Crl.O.P(MD)No.4480 of 2022 09.03.2022 srr(CO) TR(10.03.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2