Madras High CourtCRL OP(MD)/4641/2022disposed of

Ramamoorthy v. The Deputy Superintendent Of Police

2022-03-11Honourable Mr Justice G.K. Ilanthiraiyan2 pages

CRL.O.P (MD) No.4641 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.03.2022

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CRL.O.P (MD) No.4641 of 2022 Ramamoorthi ... Petitioner/Accused Rank Not Known Vs 1.The Deputy Superintendent of Police, Thirupalaikudi Police Station Ramanathapuram District 2.The Sub Inspector of Police Thirupalaikudi Police Station Ramanathapuram District (Crime No.180/2020) ... 1st & 2nd Respondents/Complainant

3. Chellapandi ... 3rd Respondent/Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct 1st & 2nd Respondents to accept the surrender of the petitioner/Accused No.1 and consider the petition for bail application and grant bail on the date of surrender itself in Crime No.180/2020 For Petitioner : Mr.G.Kasinatha durai 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 first and second respondents to accept the surrender of the petitioner/Accused No.1 and consider the petition for bail application and grant bail on the date of surrender itself in Crime No.180 of 2020.

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 Special Court of Exclusive trial of cases under SC/ST(POA) Act, Ramanathapuram, to consider the petitioner's bail application, preferably on the same day of his surrender in connection with Crime No. 180 of 2020 on the file of the 2nd https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL.O.P (MD) No.4641 of 2022 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 // / /2022 Sub Assistant Registrar(CS) To 1.The Special Court of Exclusive trial of cases under SC/ST(POA) Act, Ramanathapuram 2.The Deputy Superintendent of Police, Thirupalaikudi Police Station Ramanathapuram District 3.The Sub Inspector of Police Thirupalaikudi Police Station Ramanathapuram District 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 cc to Mr.G.KASINATHA DURAI, Advocate, SR.No.1922 (I) Order made in CRL.O.P (MD) No.4641 of 2022 11.03.2022 SA(14.03.2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2