Madras High CourtCRL OP(MD)/4847/2022disposed of

Vijay v. The Assistant Commissioner Of Police

2022-03-15Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD) No.4847 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.03.2022

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CRL.O.P (MD) No.4847 of 2022 Vijay ... Petitioner/Accused No.4 Vs 1.The Assistant Commissioner of Police, Palayamkottai, Tirunelveli District.

2.The Inspector of Police Palayamkottai Police Station Tirunelveli District.

(In Crime No.152 of 2022) ... 1st Respondent / Complainant

3. Ranjith ... 2nd Respondent / Defacto complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the II Additional District and Sessions Court (Special Court for SC / ST Act Cases), Tirunelveli to consider and pass orders on bail application to be filed by the petitioner in connection with Crime No.152 of 2022 pending on the file of the 2nd respondent on the same day.

For Petitioner : Mr.S.Muthumalairaja 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 learned II Additional District and Sessions Court (Special Court for SC / ST Act Cases), Tirunelveli, to consider the bail petition of the petitioner on the same day of surrender and dispose the same on merits and in accordance with law in crime No.152 of 2022 on the file of the 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 persons, there shall be a direction to the learned II Additional District and Sessions Court (Special Court for SC / ST Act Cases), Tirunelveli, to consider the petitioner's bail application, https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD) No.4847 of 2022 preferably on the same day of his surrender in connection with Crime No.152 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. In view of the above, the Criminal Original Petition stands allowed.

Sd/- Assistant Registrar(Records) // True Copy // / /2022 Sub Assistant Registrar(CS) ias To 1.The II Additional District and Sessions Court (Special Court for SC / ST Act Cases), Tirunelveli.

2.The Assistant Commissioner of Police, Palayamkottai, Tirunelveli District.

3.The Inspector of Police Palayamkottai Police Station Tirunelveli District.

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

+1 CC to M/s.S.MUTHUMALAIRAJA, Advocate ( SR-12394[F] dated 16/03/2022 ) Order made in CRL.O.P (MD) No.4847 of 2022 15.03.2022 sp(CO) TR(17.03.2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2