Madras High CourtCRL OP(MD)/4591/2022disposed of

M. Murugesan v. The Deputy Superintendent Of Police

2022-03-10Honourable Mr Justice G.K. Ilanthiraiyan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.03.2022

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN 1.M.Murugesan 2.M.Rani @ Nagarani ... Petitioners/Accused Nos.1 & 2 Vs.

1.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Ponnamaravathi Sub Division, Pudukottai District.

2.The State represented by The Inspector of Police, Namanasamuthiram Police Station, Pudukottai District.

(Crime No.26 of 2022) ... Respondent Nos.1 & 2 3.Arumbu Malli ... Respondent No.3/ Defacto Complainant Prayer: Criminal Original Petition is filed under Section 482 Cr.P.C., to direct the Special Court for Exclusive Trial of SC and ST(POA)Act Cases, Pudhukottai, to consider the bail application filed by the petitioners and pass order in the bail application filed by the petitioners on the same date of their surrender in Crime No.26 of 2022 on the file of the second respondent. For Petitioners : Mr.R.Alagumani For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor (Crl.Side) for R.1 & R.2

ORDER

This Criminal Original Petition has been filed to direct the Special Court for Exclusive Trial of SC and ST(POA)Act Cases, Pudhukottai, to consider the bail application filed by the petitioners and pass order in the bail application filed by the petitioners on the same date of their surrender in Crime No.26 of 2022 on the file of the second respondent.

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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 for Exclusive Trial of SC and ST(POA)Act Cases, Pudhukottai, to consider the petitioners bail application, preferably on the same day of their surrender in connection with Crime No.26 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 (AS) // True Copy // 11/03/2022 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 Judge, The Special Court, for Exclusive Trial of SC and ST(POA)Act Cases, Pudhukottai.

2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Ponnamaravathi Sub Division, Pudukottai District.

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

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

+1 CC to M/s.R.ALAGUMANI, Advocate ( SR-11264[F] dated 10/03/2022 ) 10.03.2022 sp(CO) GC(11.03.2022) 3P 6C 3/3