Madras High CourtCRL OP(MD)/9333/2022ordered

Irulappan v. The Deputy Superintendent Of Police

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

CRL.O.P (MD) No.9333 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.9333 of 2022 Irulappan ... Petitioner/Accused No.4 Vs 1.The Deputy Superintendent of Police, Peraiyur, Peraiyur Taluk, Madurai District.

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

(Crime No.110 of 2022) ... Respondents 1 & 2/Respondents 3.K.Selva ... 3rd Respondent/Defacto Complainant 4.Mariammal ... 4th Respondent/Victim PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the III Additional District and Sessions Court, Madurai District, to consider the petitioner's bail application on his surrender on the same day in Crime No.110 of 2022 on the file of the respondent police.

For Petitioner : Mr.T.Antony Arulraj For Respondents : Mr.M.Vaikkam Karunanithi No.1 and 2 Government Advocate (Crl.Side)

O R D E R

This petition is filed for a direction to direct the III Additional District and Sessions Court, Madurai District, to accept the surrender of the petitioner and consider his bail application on the same day on merits relating to the Crime No.110 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 misusing the pious intention of the Parliament against innocent persons, there shall be a direction to the III Additional District and Sessions Court, Madurai District, to consider the petitioner's bail application, preferably on the same day of his surrender in connection with Crime No. 110 of 2022 on the file of the 2nd https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL.O.P (MD) No.9333 of 2022 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/- Vacation Officer/ Assistant Registrar (RTI) // True Copy // / /2022 Sub Assistant Registrar(CS) das To 1.The III Additional District and Sessions Judge, Madurai District.

2. The Deputy Superintendent of Police, Peraiyur Police Station, Madurai District.

3.The Inspector of Police, Peraiyur Police Station, Madurai District.

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

Order made in CRL.O.P (MD) No.9333 of 2022 18.05.2022 NSN(CO) GC(23.05.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2