Madras High CourtCRL OP(MD)/9353/2022ordered

Alagammal v. The Deputy Superintendent Of Police

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

CRL.O.P (MD) No.9353 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.9353 of 2022

1. Alagammal 2.Alaguraja 3.Chellaiah ... Petitioners/A1 to A3 Vs 1.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Thirupathur Sub Division, Sivagangai District.

2.The Inspector of Police, Singampunari Police Station, Sivagangai District.

(Crime No.62 of 2022) ... 1st & 2nd Respondent/Complainant 3.Ayyavu ... 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) ie., the learned Sessions Judge, Sivagangai, in connection with the Crime No.62 of 2022 on the file of the second respondent Police and to consider the bail application filed by the petitioners on the same day.

For Petitioners : Mr.Sulthan Basha,J.

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

O R D E R

This Criminal Original Petition is filed for a direction to direct the Special Court for SC / ST (Prevention of Atrocities) ie., the learned Sessions Judge, Sivagangai, to consider the bail petition of the petitioners on the same day of surrender and dispose the same on merits and in accordance with law in crime No.62 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 learned Special Judge for SC / ST (Prevention of Atrocities) ie., the learned Sessions Judge, Sivagangai, to consider the petitioners' bail application, https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL.O.P (MD) No.9353 of 2022 preferably on the same day of their surrender in connection with Crime No. 62 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 (RTI) // True Copy // / /2022 Sub Assistant Registrar(CS) das To 1.The Special Judge for SC / ST (Prevention of Atrocities) ie., The Sessions Judge, Sivagangai.

2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Thirupathur Sub Division, Sivagangai District. 3.The Inspector of Police, Singampunari Police Station, Sivagangai District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. Order made in CRL.O.P (MD) No.9353 of 2022 18.05.2022 nsn(CO) GC(23.05.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2