Madras High CourtCRL OP(MD)/4635/2022disposed of

Murugesan v. The Deputy Superintendent Of Police

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

CRL.O.P (MD) No.4635 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.4635 of 2022 Murugesan ... Petitioner/Accused No.2 Vs

1. The Deputy Superintendent of Police, Kulithalai, Karur District.

... 1st Respondent / Investigating Officer

2. The Inspector of Police, Palaviduthi Police Station, Karur District.

... 2nd Respondent/Complainant

3. Tamilselvi ... 3rd Respondent/Victim cum Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the learned Sessions Judge and Spl.Court for PCR Karur to accept the surrender of the petitioner in connection with the crime No.31/2022, pending investigation on the file of R2 Police and to consider and pass orders. For Petitioner : Mr.V.Kannan 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 learned Sessions Judge and Spl.Court for PCR Karur to accept the surrender of the petitioner in connection with the crime No.31 of 2022, pending investigation on the file of R2 Police and to consider and pass orders.

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 Sessions Judge and Spl.Court for PCR Karur, to consider the petitioner's bail application, preferably on the same day of his surrender in connection with Crime No. 31 of 2022 on the file of the 2nd https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL.O.P (MD) No.4635 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 (AD-II) // True Copy // / /2022 Sub Assistant Registrar(CS) aav To

1. The Judge, Special Court for PCR cases, Karur

2. The Deputy Superintendent of Police, Kulithalai, Karur District.

3. The Inspector of Police, Palaviduthi Police Station, Karur District 4 .The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.V.KANNAN, Advocate ( SR-11610[F] dated 11/03/2022 ) Order made in CRL.O.P (MD) No.4635 of 2022 11.03.2022 USK/14.03.2022/2P/6C https://hcservices.ecourts.gov.in/hcservices/ 2/2