Madras High CourtCRL OP(MD)/9393/2022ordered

K.Manicka Suresh v. The Deputy Superintendent Of Police

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

CRL.O.P (MD) No.9393 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.9393 of 2022 K.Manicka Suresh ... Petitioner/Accused Vs.

1.The Deputy Superintendent of Police, Alangulam Taluk, Tenkasi District.

2.The Inspector of Police, Uthumalai Police Station, Tenkasi District.

(Crime No.57 of 2022) ... Respondents /Complainants 3.S.Chinraj ... 3rd Respondent/Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the SC &ST Special Court, Tirunelveli, to consider the petitioner's bail petition on merits upon the petitioner's surrender before the said Court and enlarge the petitioner on bail on the same day according to the law, in Crime No.57 of 2022 on the file of the second respondent police. For Petitioner : Mr.G.Radhakrishnan, 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 Special Judge, SC &ST Special Court, Tirunelveli, to accept the surrender of the petitioner and consider his bail application on the same day on merits relating to the Crime No.57 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 learned Special Judge, SC &ST Special Court, Tirunelveli, to consider the petitioner's bail application, preferably on the same day of his surrender in connection with Crime No. 57 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 petitioner shall surrender before the concerned https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL.O.P (MD) No.9393 of 2022 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/- Assistant Registrar (Vacation Officer) // True Copy // / /2022 Sub Assistant Registrar(CS) das To 1.The Special Judge, SC &ST Special Court, Tirunelveli.

2.The Deputy Superintendent of Police, Alangulam Taluk, Tenkasi District.

3.The Inspector of Police, Uthumalai Police Station, Tenkasi District.

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

CRL.O.P (MD) No.9393 of 2022 18.05.2022 RD(23.05.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2