Madras High CourtCRL OP(MD)/4808/2022disposed of

Kalyani @ Kalyanasundaram v. The Deputy Superintendent Of Police

2022-03-14Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD) No.4808 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.03.2022

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CRL.O.P (MD) No.4808 of 2022 1.Kalyani @ Kalyanasundaram 2.Muthaiah 3.Satheeshkumar ... Petitioners Vs 1.The Deputy Superintendent of Police, Uthamapalayam, Theni District 2.State: Represented by The Inspector of Police Gudalur North Police Station Theni District (Crime No.71/2022)

3. Santhanam ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the learned Special Court for the Exclusive Trial of SC/ST Cases Judge (PCR), Theni to accept the surrender of the petitioner and consider his bail application on the same day on merit relating to crime No.71 of 2022, dated 08.03.2022. For Petitioners : Mr.S.Sundarapandian For Respondent : Mr.R.M.Anbunithi Nos.1 and 2 Additional Public Prosecutor

O R D E R

This petition is filed for a direction to direct the learned Special Court for the Exclusive Trial of SC/ST Cases Judge (PCR), Theni to accept the surrender of the petitioners and consider the petitioners' bail application on the same day on merit relating to crime No.71 of 2022, dated 08.03.2022.

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 Special Court for the Exclusive Trial of SC/ST Cases Judge (PCR), Theni, to consider the petitioners' bail application, preferably on the same day of https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD) No.4808 of 2022 their surrender in connection with Crime No. 71 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(CS-III) // True Copy // / /2022 Sub Assistant Registrar(CS) lr To 1.The learned Special Court for the Exclusive Trial of SC/ST Cases Judge (PCR), Theni 2.The Deputy Superintendent of Police, Uthamapalayam, Theni District 3.The Inspector of Police Gudalur North Police Station Theni District 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Order made in CRL.O.P (MD) No.4808 of 2022 14.03.2022 (CO) TR(14.03.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2