Madras High CourtCRL OP(MD)/9275/2022ordered

Sundaram v. The Deputy Superintendent Of Police

2022-05-18Honourable Mrs Justice T.V.Thamilselvi2 pages

Crl.O.P.(MD) No.9275 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.05.2022

CORAM

THE HONOURABLE MRS JUSTICE T.V.THAMILSELVI CRL.O.P (MD) No.9275 of 2022 1.Sundaram 2.Suganya 3.Govindarajan ... Petitioner/Accused Nos.1,2 & 3 Vs 1.The State Rep by The Deputy Superintendent of Police, Thirupathur, Sivagangai District - 630 502.

2.The Inspector of Police, Singampunari Police Station, Sivagangai District - 630 502.

(Crime No.20 of 2022) ... Respondents 1 & 2/Complainant 3.R.Raja ... 3rd Respondent/Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the Special Court for SC/ST (Prevention of Atrocities) Act, Sivagangai, to accept the surrender of the petitioners in connection with the Crime No.20 of 2022, on the file of the 2nd respondent police and to consider the petitioners' bail application on the same day.

For Petitioners : Mr.VR.Shanmuganathan For Respondents : Mr.M.Vaikkam Karunanithi No.1 and 2 Government Advocate (Crl.Side) For R3 : Mr.Prasanna Rajadurai

O R D E R

This Criminal Original Petition is filed for a direction to direct the Special Judge for SC/ST (Prevention of Atrocities) Act, Sivagangai, to accept the surrender of the petitioners and consider their bail application on the same day on merits relating to the Crime No.20 of 2022 on the file of the second respondent police.

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 https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD) No.9275 of 2022 misusing the pious intention of the Parliament against innocent persons, there shall be a direction to the Special Judge for SC/ST (Prevention of Atrocities) Act, Sivagangai, to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Crime No. 20 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/- Vacation Officer // True Copy // 23/05/2022 Sub Assistant Registrar(CS) das To 1.The Judge, Special Court for SC/ST (Prevention of Atrocities) Act, Sivagangai.

2. The Deputy Superintendent of Police, Thirupathur, Sivagangai District - 630502.

3.The Inspector of Police, Singampunari Police Station, Sivagangai District - 630 502.

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

CRL.O.P (MD) No.9275 of 2022 18.05.2022 MGJ(23.05.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2