Madras High CourtCRL OP(MD)/4673/2022disposed of

Alagusamy v. The Deputy Superintendent Of Police

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

Crl.O.P.(MD) No.4673 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.4673 of 2022 1.Alagusamy

2. Suppaiya

3. Thangarasu ... Petitioners/Accused Nos. 2 to 4 Vs 1.The Deputy Superintendent of Police, Manaparai, Trichy District 2.The Inspector of Police Thuvarankurichi Police Station Thuvarankurichi Trichy District ... 1st & 2nd Respondents / Complainants (Crime No.41 of 2022)

3. Chinnakkalai ...3rd Respondent / Defacto complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the I Additional District Judge (PCR) Trichy to consider the bail application of the petitioners on the same day of their surrender before the court in connection with the Crime No. 41 of 2022 on the file of second respondent and pass orders.

For Petitioners : Mr.K.Arun Raj 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 I Additional District Judge (PCR) Trichy to consider the bail application of the petitioners on the same day of their surrender before the court in connection with the Crime No. 41 of 2022 on the file of second respondent

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 I Additional District Judge (PCR) Trichy, to consider the petitioners bail https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD) No.4673 of 2022 application, preferably on the same day of their surrender in connection with Crime No. 41 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 petitioners 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(Records) // True Copy // / /2022 Sub Assistant Registrar(CS) aav To 1.The I Additional District Judge (PCR) Trichy 2.The Deputy Superintendent of Police, Manaparai, Trichy District 3.The Inspector of Police Thuvarankurichi Police Station Thuvarankurichi Trichy District 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.K.ARUNRAJ, Advocate ( SR-11715[F] dated 11/03/2022 ) Order made in CRL.O.P (MD) No.4673 of 2022 11.03.2022 am(CO) TR(14.03.2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2