Madras High CourtCRL OP(MD)/9399/2022ordered

Pandiyan v. The Deputy Superintendent Of Police

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

CRL.O.P (MD) No.9399 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.9399 of 2022 1.Pandiyan 2.Sasikumar 3.Balasubramani @ Balasubramaniyan 4.Dinesh ... Petitioners/A1 to A4 Vs.

1.State rep.by its The Deputy Superintendent of Police, Musiri, Trichy District.

2. The Inspector of Police, Thathaiyangarpet Police Station, Trichy District.

(Crime No.61 of 2022) ... Respondents 1&2/Complainants 3.Selvaraj ... 3rd Respondent/Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct I Additional District Judge (PCR), Trichy to consider the bail application of the petitioners on the same day of their surrender before that Court in connection with Crime No.61 of 2022 on the file of the second respondent. For Petitioners : Mr.Arunraj, K.

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 I Additional District Judge (PCR), Trichy, to accept the surrender of the petitioners and consider their bail application on the same day on merits relating to the Crime No.61 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 https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL.O.P (MD) No.9399 of 2022 persons, there shall be a direction to the learned I Additional District Judge (PCR), Trichy, to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Crime No. 61 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/- Assistant Registrar (Vacation Officer) // True Copy // / /2022 Sub Assistant Registrar(CS) das To 1.The I Additional District Judge (PCR), Trichy.

2.The Deputy Superintendent of Police, Musiri, Trichy District.

3. The Inspector of Police, Thathaiyangarpet Police Station, Trichy District.

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

CRL.O.P (MD) No.9399 of 2022 18.05.2022 RD(23.05.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2