Madras High CourtCRL OP/11311/2024disposed of

Murugan Manickam v. State Rep.By

2024-05-08Honourable Mr Justice K.Kumaresh Babu5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.05.2024

CORAM

THE HON'BLE MR. JUSTICE K.KUMARESH BABU Murugan Manickam ...Petitioner Vs.

1.The State represented by The Superintendent of Police No.150, Sankari Main Road, Kathayammal Nagar, Nethimedu, Salem District - 636002 2.The State represented by its Sub Inspector of Police, Mecheri Police Station, Salem District.

(Crime No.114 of 2024) ...Respondents Prayer : Criminal Original Petition has been filed under Section 482 of Cr.P.C, to direct the learned Special Judge, Special Court for Trial Cases under SC/ST Act to accept his surrender and consider his bail application on the same day with respect to Cr.No.114 of 2024, on the file of the Sub Inspector of Police, Mecheri Police Station, Salem District/Respondent herein.

For Petitioner ... M/s.R.Sanjay Balachandar For Respondents ... Mr.L.Baskaran Government Advocate (crl.side) 1/5

ORDER

This Criminal Original Petition has been filed seeking for a direction to the learned Special Judge, Special Court for Trial of Cases under SC/ST Act, Salem, to consider the bail application of the petitioner on the same day of his surrender in connection with Crime No.114 of 2024 on the file of the 2nd 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 of the possibility of misusing the pious intention of the Parliament against innocent persons, there shall be a direction to the learned Special Judge, Special Court for Trial of Cases under SC/ST Act, Salem, to consider the petitioner's bail application, preferably on the same day of his surrender in connection with Crime No.114 of 2024 on the file of the second respondent and pass appropriate orders in accordance with law, after affording due opportunity to the victims under Section 15-A of the SC/ST (POA) Act, 1989. 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 2/5

this Order.

3. It is needless to say that the Court below while disposing the bail petition shall look into the gravity of the offence, previous antecedents of the petitioner and pass orders. Mere direction issued by this Court to consider the bail petition on the same day, does not amount to consider it favourably.

4. With the above direction, this Criminal Original Petition stands disposed of.

08.05.2024 Index: Yes/No Internet: Yes/No Speaking/Non speaking order ksa-2 3/5

To 1.The Superintendent of Police No.150, Sankari Main Road, Kathayammal Nagar, Nethimedu, Salem District - 636002 2.The Sub Inspector of Police, Mecheri Police Station, Salem District.

3.The Public Prosecutor, High Court of Madras.

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K.KUMARESH BABU, J.

ksa-2 Crl.OP.No.11131 of 2024 08.05.2024 5/5