Madras High CourtCRL OP(MD)/9296/2022ordered

Siva @ Kulandaisamy v. The Deputy Superintendent Of Police

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

Crl.O.P.(MD) No.9296 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.9296 of 2022 1.Siva @ Kulandaisamy 2.Mani @ Manikandan 3.Kani @ Ganeshamoorthy 4.Indhuraj ... Petitioners/A1 to A4 Vs.

1.The Deputy Superintendent of Police, Alangudi, Pudukottai District.

2.The Inspector of Police, Karambakudi Police Station, Pudukottai District.

(Crime No.164 of 2022) ... Respondents /Complainants 3.Saraboji ... 3rd Respondent/Informant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the District and Sessions Judge for exclusive trial of PCR Cases, (PCR Court), Pudukottai to consider the petitioners' bail application on the same day of their surrender in Crime No.164 of 2022 on the file of the second respondent police. For Petitioners : Mr.Poornachandran, S.

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

O R D E R

This Criminal Original Petition is filed for a direction to direct the learned District and Sessions Judge for exclusive trial of PCR Cases, (PCR Court), Pudukottai, to accept the surrender of the petitioners and consider their bail application on the same day on merits relating to the Crime No.164 of 2022 on the file of the second respondent police.

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Crl.O.P.(MD) No.9296 of 2022

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 District and Sessions Judge for exclusive trial of PCR Cases, (PCR Court), Pudukottai, to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Crime No. 164 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/ Assistant Registrar // True Copy // / /2022 Sub Assistant Registrar(CS) das To 1.The District and Sessions Judge for exclusive trial of PCR Cases, (PCR Court), Pudukottai.

2.The Deputy Superintendent of Police, Alangudi, Pudukottai District.

3.The Inspector of Police, Karambakudi Police Station, Pudukottai District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1 CC to M/s.S. POORNACHANDRAN, Advocate ( SR-23757[F] dated 19/05/2022 ) Order made in CRL.O.P (MD) No.9296 of 2022 18.05.2022 sr(CO) TR(25.05.2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2