Madras High CourtCRL OP(MD)/9612/2022ordered

Murugan v. The Deputy Superintendent Of Police

2022-05-19Honourable Mrs Justice T.V.Thamilselvi2 pages

Crl.O.P.(MD) No.9612 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.05.2022

CORAM

THE HONOURABLE MRS JUSTICE T.V.THAMILSELVI CRL.O.P (MD) No.9612 of 2022 Murugan ... Petitioner/A2 Vs.

1.The State rep.by its, The Deputy Superintendent of Police, (*)Bodinayakkannur, Theni District.

2.The Inspector of Police, Chinnamanur Police Station, Theni District.

(Crime No.237 of 2022) ... Respondents /Complainants 3.Muthukalai ... 3rd Respondent/Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the learned Additional Sessions Judge for PCR Cases, Theni to accept the surrender of the petitioner and to consider the bail application on the same day in accordance with law, in connection with Crime No.237 of 2022 on the file of the Inspector of Police, Chinnamanur Police Station, Theni District. For Petitioner : Mr.B.Jeyakumar 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 Additional Sessions Judge for PCR Cases, Theni, to accept the surrender of the petitioner and consider his bail application on the same day on merits relating to the Crime No.237 of 2022 on the file of the Inspector of Police, Chinnamanur Police Station, Theni District.

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 Additional Sessions Judge for PCR Cases, Theni, to consider the petitioner's bail application, preferably on the same day of his surrender in https://www.mhc.tn.gov.in/judis 1/2

Crl.O.P.(MD) No.9612 of 2022 connection with Crime No. 237 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 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 (*)Amended as per the order of this Court dated 17/06/2022 made in Crl.MP(MD)6538 of 2022 in Crl.OP(MD).9612 of 2022 Sd/- Assistant Registrar(CO) // True Copy // / /2022 Sub Assistant Registrar(CS) das To (*) To be substituted to the order already despatched on 02/06/2022 1.The Additional Sessions Judge for PCR Cases, Theni.

2.The Deputy Superintendent of Police, (*)Bodinayakkannur, Theni District.

3. The Deputy Superintendent of Police, Uthamapalayam, Theni District.

4.The Inspector of Police, Chinnamanur Police Station, Theni District.

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

+1 CC to M/s.B. JEYAKUMAR, Advocate ( SR-23885[F] dated 20/05/2022 ) CRL.O.P (MD) No.9612 of 2022 19.05.2022 SS/26.05.2022 : 2P/6C RD(04/07/2022) 2P/7C https://www.mhc.tn.gov.in/judis 2/2