Madras High CourtCRL OP(MD)/4617/2022disposed of

Banu Priya v. The Deputy Superintendent Of Police

2022-03-10Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD)No.4617 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.03.2022

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P(MD)No.4617 of 2022 Banu Priya ... Petitioner/Accused No.2 Vs.

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

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

(Crime No.182 of 2022) ... Respondents/Complainants 3.Periyasamy ... 3rd Respondent/Defacto Complainant Prayer: Criminal Original Petition is filed under Section 482 Cr.P.C., to direct the learned District and Sessions Judge, Special Court for SC/ST Act cases PCR Court, Karur, to consider the bail application to be filed by the petitioner on the same day of its filing on her surrendering in connection with the case in Crime No.182 of 2022 on the file of the Inspector of Police, Karur town Police Station, Karur District.

For Petitioner : Mr.N.Balasubramanian 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 learned District and Sessions Judge, Special Court for SC/ST Act cases PCR Court, Karur, to consider the bail application to be filed by the petitioner on the same day of its filing on her surrendering in connection with the case in Crime No.182 of 2022 on the file of the Inspector of Police, Karur town Police Station, Karur District.

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 https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.4617 of 2022 misusing the pious intention of the Parliament against innocent persons, there shall be a direction to the learned District and Sessions Judge, Special Court for SC/ST Act cases PCR Court, Karur, to consider the petitioner's bail application, preferably on the same day of their surrender in connection with Crime No.182 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 // / /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 District and Sessions Judge, Special Court for SC/ST Act cases PCR Court, Karur. 2.The Deputy Superintendent of Police, Karur,Karur District.

3.The Inspector of Police, Karur Town Police Station, Karur District.

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

+1 CC to M/s.N.BALASUBRAMANIAN, Advocate ( SR-11248[F] dated 10/03/2022 ) Crl.O.P(MD)No.4617 of 2022 10.03.2022 ss(CO) TR(11.03.2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2