Madras High CourtCRL OP(MD)/4629/2022disposed of

Prithvi Rajan v. The Deputy Superintendent Of Police

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

CRL.O.P (MD) No.4629 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.4629 of 2022 Prithivirajan ... Petitioner/Accused No.2 Vs 1.The Deputy Superintendent of Police, Theni, Theni District 2.The Inspector of Police Theni Police Station Theni District (Crime No.84/2022) ... Respondents/Complainants

3. Murugan ... 3rd Respondent/Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to accept the surrender of the petitioners before the Special court for SC/ST Atrocities Act i.e The District and Sessions Judge, (Spl court for PCR cases) - Theni, in connection with the Crime No. 84 of 2022 on the file of the respondent police For Petitioner : Mr.A.Jospeh Jerry 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 accept the surrender of the petitioner before the Special court for SC/ST Atrocities Act i.e The District and Sessions Judge, (Spl court for PCR cases) - Theni, in connection with the Crime No. 84 of 2022 on the file of the respondent police

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 court for SC/ST Atrocities Act i.e The District and Sessions Judge, (Spl court for PCR cases) - Theni, to consider the petitioner's bail application, preferably on the same day of his surrender in connection with Crime No. 84 of 2022 on the file of the 2nd respondent and pass appropriate orders in https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL.O.P (MD) No.4629 of 2022 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 for SC/ST Atrocities Act, The District and Sessions Judge, (Spl court for PCR cases) - Theni 2.The Deputy Superintendent of Police, Theni, Theni District 3.The Inspector of Police Theni Police Station Theni District 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 cc to Mr.R.JOSEPH JERRY, Advocate, SR.No.11615 Order made in CRL.O.P (MD) No.4629 of 2022 11.03.2022 SA(14.03.2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2