Madras High CourtCRL OP(MD)/4913/2022disposed of

Mohammed Bilal v. The Deputy Superintendent Of Police

2022-03-16Honourable Mr Justice G.K. Ilanthiraiyan2 pages

CRL.O.P (MD) No.4913 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.03.2022

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CRL.O.P (MD) No.4913 of 2022

1. Mohammed Bilal

2. Sahul Hameed ... Petitioners Vs

1. The Deputy Superintendent of Police, Periyakulam, Theni District.

2. State Represented by The Inspector of Police, Thenkarai Police Station, Theni District.

(Crime No.110 of 2022)

3. Ajaykumar

4. Manjula ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the Special District court (Special Court for Trial of SC/ST act cases), Theni to accept the surrender and consider the bail application to be filed by the petitioners on the same day on merits in Crime No. 110 of 2022 on the file of the 2nd Respondent.

For Petitioners : Mr.C.Vakeeswaran 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 Special District court (Special Court for Trial of SC/ST act cases), Theni to accept the surrender and consider the bail application to be filed by the petitioners on the same day on merits in Crime No. 110 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 Special District court (Special Court for Trial of SC/ST act cases), Theni, to consider the petitioners bail application, preferably on the same day of their https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL.O.P (MD) No.4913 of 2022 surrender in connection with Crime No. 110 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 (P&A) // True Copy // / /2022 Sub Assistant Registrar(CS) To

1. The Deputy Superintendent of Police, Periyakulam, Theni District.

2. The Inspector of Police, Thenkarai Police Station, Theni District.

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

COPY TO:

The Special District Judge (Special Court for Trial of SC/ST Act Cases), Theni.

+1 cc to Mr.C.Vakeeswaran, Advocate, SR.No.12397 Order made in CRL.O.P (MD) No.4913 of 2022 16.03.2022 SA(18.03.2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2