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Madras High CourtCRL OP(MD)/4991/2022disposed of

Arumuga Nainar @ Baskar v. The Deputy Superintendent Of Police

2022-03-17Honourable Mr Justice G.K. Ilanthiraiyan2 pages

CRL.O.P (MD) No.4991 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.03.2022

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CRL.O.P (MD) No.4991 of 2022 Arumuga Nainar @ Baskar ... Petitioner Vs

1. The State rep. by The Deputy Superintendent of Police, Sivakundam Sub Division, Thoothukudi District.

... 1st Respondent / Investigation Officer

2. The State rep. by The Inspector of Police, Seidhunganallur Police Station, Thoothukudi District.

(Crime No.21 of 2022) ... 2nd Respondent /Complainant

3. Pradeep ... 3rd Respondent / Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the learned Additional District and Sessions Court for the exclusive trial of PCR Act Cases, Thoothukudi to dispose the bail application of the petitioner on merits on the same day of his surrender before the above mentioned concerned court in pending investigation of Crime No. 21 of 2022 on the file of 2nd respondent.

For Petitioner : Mr.R.Aravindraj 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 Additional District and Sessions Court for the exclusive trial of PCR Act Cases, Thoothukudi to dispose the bail application of the petitioner on merits on the same day of his surrender before the above mentioned concerned court in pending investigation of Crime No. 21 of 2022 on the file of 2nd 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 https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL.O.P (MD) No.4991 of 2022 persons, there shall be a direction to the Additional District and Sessions Court for the exclusive trial of PCR Act Cases, Thoothukudi , 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 of the receipt of a copy of this Order.

3. With the above direction, the Criminal Original Petition stands disposed of.

Sd/- Assistant Registrar(Crl.Side) /TRUE COPY/ / /2022 Sub Assistant Registrar(CS) aav To

1. The Additional District and Sessions Court for the exclusive trial of PCR Act Cases, Thoothukudi

2. The Deputy Superintendent of Police, Sivakundam Sub Division, Thoothukudi District.

3. The Inspector of Police, Seidhunganallur Police Station, Thoothukudi District.

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

Order made in CRL.O.P (MD) No.4991 of 2022 17.03.2022 MK/18.03.2022/2P/5C https://hcservices.ecourts.gov.in/hcservices/ 2/2