Madras High CourtCRL OP(MD)/4699/2022disposed of

Vimal Raj v. The Deputy Superintendent Of Police

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

Crl.O.P.(MD) No.4699 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.4699 of 2022 Vimal Raja ... Petitioner/Accused Rank Not Known Vs 1.The Deputy Superintendent of Police, Cheranmahadevi Tirunelveli District ...1st Respondent/Investigating Officer 2.The Inspector of Police Mukkudal Police Station Tirunelveli District (Crime No. 21/2022) ...2nd Respondents/Complainant

3. Sudalai ...3rd Respondent/Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the II Additional Sessions Court (PCR) Special Court Tirunelveli to Consider the bail application of the petitioner in Cr.No.21/2022 on the same date of surrender and dispose the same on its merits in accordance with law. For Petitioner : Mr.P.Mani Anand 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 II Additional Sessions Court (PCR) Special Court Tirunelveli to Consider the bail application of the petitioner in Cr.No.21 of 2022 on the same date of surrender and dispose the same on its merits in accordance with law.

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 II Additional Sessions Court (PCR) Special Court Tirunelveli, to consider the petitioner's bail application, preferably on the same day of his surrender in connection with Crime No. 21 of 2022 on the file of the 2nd 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 https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD) No.4699 of 2022 of the receipt of a copy of this Order.

3. In view of the above, the Criminal Original Petition stands allowed.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2022 Sub Assistant Registrar(CS) aav To 1.The II Additional Sessions Court (PCR) Special Court Tirunelveli 2.The Deputy Superintendent of Police, Cheranmahadevi Tirunelveli District 3.The Inspector of Police Mukkudal Police Station Tirunelveli District 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.P.MANI ANANDH, Advocate ( SR-11597[F] dated 11/03/2022 ) CRL.O.P (MD) No.4699 of 2022 11.03.2022 AM(CO) KB(15.03.2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2