Madras High CourtCRL OP(MD)/9554/2022ordered

Arun v. The Inspector Of Police

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

Crl.O.P.(MD) No.9554 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.9554 of 2022 Arun @ Arunpandian ... Petitioner/Accused No.5 Vs.

The State Rep by its Inspector of Police, (*)Elayangudi Police Station, Sivagangai District.

(Crime No.402 of 2021) ... Respondent/Complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the learned District and Sessions Judge/PCR Cases, Sivagangai, to consider the bail application of the petitioner on the same day on merits in the event of his surrender in connection with Crime No.402 of 2021 on the file of the respondent.

For Petitioner : Mr.M.S.Parthiban For Respondent : Mr.M.Vaikkam Karunanithi 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/PCR Cases, Sivagangai, to accept the surrender of the petitioner and consider his bail application on the same day on merits relating to the Crime No. 402 of 2021 on the file of the 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 learned District and Sessions Judge/PCR Cases, Sivagangai, to consider the petitioner's bail application, preferably on the same day of his surrender in connection with Crime No. 402 of 2021 on the file of the 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.

https://www.mhc.tn.gov.in/judis 1/2

Crl.O.P.(MD) No.9554 of 2022

3. In view of the above, the Criminal Original Petition stands allowed.

Sd/- Vacation Officer (*)Corrected as per order of this Court dated 21/06/2022 Crl.MP(MD) No.6905 of 2022 in Crl.O.P(MD)No.9554 of 2022 Sd/- Assistant Registrar(CO) // True Copy // / /2022 Sub Assistant Registrar(CS) das To (*)To be substituted to the order already despatched on 24/05/2022 1.The District and Sessions Judge/PCR Cases, Sivagangai.

2.The Inspector of Police, (*)Elayangudi Police Station, Sivagangai District.

3.The Inspector of Police, Sivagangai Town, Sivagangai District.

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

+1. CC to M/S.M.S.PARTHIBAN Advocate SR.No.27763 CRL.O.P (MD) No.9554 of 2022 18.05.2022 MGJ(23.05.2022) 2P 4C RD(04/07/2022) 2P 6C https://www.mhc.tn.gov.in/judis 2/2