Madras High CourtCRL OP(MD)/4921/2022disposed of

Thangapandi v. The Deputy Superintendent Of Police

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

CRL.O.P (MD) No.4921 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.4921 of 2022

1. Thangapandi

2. Velmurugan

3. Mani @ Manikandan

4. Paneerselvam ... Petitioners Vs

1. State represented by The Deputy Superintendent of Police, Mudhukulathur, Ramanathapuram District.

(Crime No.23/2022)

2. The Inspector of Police, Peraiyur Police Station, Ramanathapuram District.

3. Arumugam ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the special court for SC/ST (PCR) Act Cases, Ramanathapuram to consider the bail application of the petitioners on the day or surrender in Crime No. 23 of 2022 on the file of the R1 for alleged offence under section 306 IPC, 3(1)(r), 3 (1)(s) and 3(2)(v) of the Schedule Caste and Schedule Tribes (Prevention of Atrocities) Amendment Act, 2015. For Petitioners : Mr.S.Ramasamy 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 court for SC/ST (PCR) Act Cases, Ramanathapuram to consider the bail application of the petitioners on the day or surrender in Crime No. 23 of 2022 on the file of the R1 for alleged offence under section 306 IPC, 3(1)(r), 3(1)(s) and 3(2)(v) of the Schedule Caste and Schedule Tribes (Prevention of Atrocities) Amendment Act, 2015.

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.4921 of 2022 persons, there shall be a direction to the Special court for SC/ST (PCR) Act Cases, Ramanathapuram, to consider the petitioners bail application, preferably on the same day of their surrender in connection with Crime No. 23 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 /TRUE COPY/ / /2022 Sub Assistant Registrar(CS) aav To

1. The Deputy Superintendent of Police, Mudhukulathur, Ramanathapuram District.

2. The Inspector of Police, Peraiyur Police Station, Ramanathapuram District

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

Copy To The Special Judge for SC/ST (PCR)Act Cases, Ramanathapuram.

+1 CC to M/s.S.RAMASAMY, Advocate ( SR-12782[F] dated 17/03/2022 ) Order made in CRL.O.P (MD) No.4921 of 2022 16.03.2022 MK/18.03.2022/2P/6C https://hcservices.ecourts.gov.in/hcservices/ 2/2