Madras High CourtCRL OP(MD)/4661/2022disposed of

R.Sakthivel v. The Deputy Superintendent Of Police

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

CRL.O.P (MD) No.4661 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.4661 of 2022

1. R.Sakthivel

2. Petchi Ammal ... Petitioners/Accused Nos.1 & 2 Vs 1.The Deputy Superintendent of Police, Palani Sub Division, Palani Dindigul District 2.The Inspector of Police Keeranur Police Station Dindigul District Crime No.398 of 2021 ... Respondents No.1&2/Complainants

3. Palanisamy ... 3rd Respondent/Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the District Principal Sessions Court (PCR Court) Dindigul to consider of the bail application on the surrender of the petitioners in Connection with case in Cr.No.398/2021 pending investigation on the file of the second respondent police on merits on the same day.

For Petitioners : Mr.S.Karthik 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 District Principal Sessions Court (PCR Court) Dindigul to consider of the bail application on the surrender of the petitioners in Connection with case in Cr.No.398 of 2021 pending investigation on the file of the second respondent police on merits on the same day.

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 District Principal Sessions Court (PCR Court) Dindigul, to consider the petitioners bail application, preferably on the same day of their surrender in connection with Crime No. 398 of 2021 on the file of the 2nd respondent and pass appropriate orders https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL.O.P (MD) No.4661 of 2022 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 (A.D.II) // True Copy // / /2022 Sub Assistant Registrar(CS) To 1.The Judge, The District Principal Sessions Court (PCR Court) Dindigul 2.The Deputy Superintendent of Police, Palani Sub Division, Palani Dindigul District 3.The Inspector of Police Keeranur Police Station Dindigul District 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 cc to Mr.S.KARTHIK, Advocate, SR.No.11477 Order made in CRL.O.P (MD) No.4661 of 2022 11.03.2022 SA(14.03.2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2