Madras High CourtCRL OP/12385/2024disposed of

Kathir v. The Inspector Of Police

2024-05-24Honourable Mr Justice C. Saravanan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.05.2024

CORAM

THE HONOURABLE MR. JUSTICE C.SARAVANAN Crl.O.P.No.12385 of 2024 Kathir .. Petitioner Vs.

State, rep. by the Inspector of Police, Paravakottai Police Station Thiruvarur District.

(Crime No.75 of 2024) .. Respondent PRAYER : This Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the Special Court for PCR cases cum Principal District and Sessions Judge, Thanjavur to consider the bail application of the petitioner on the same day of his surrender in Cr.No.75 of 2024 on the file of the respondent police. For Petitioner : Mr.J.Jawahar For Respondent : Mr.S.Vinoth Kumar Government Advocate(Crl.side) 1/4

O R D E R

This Criminal Original Petition has been filed seeking for a direction to learned Principal District and Sessions Judge, Thanjavur (Special Court for PCR cases, to consider the petitioner's bail application on the same day of his surrender in Crime No.75 of 2024 on the file of the respondent police.

2. The petitioner has been arrayed as an accused in Crime No.75 of 2024 for the offences punishable under Sections 143, 294(b), 324 324, 506(2) of IPC r/w Section 3(1)(r) 3(1)(s) and 3(2)(va) of SC/ST (Prevention of Atrocities) Act, 1989.

3. 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 Principal District and Sessions Judge, Thanjavur (Special Court for PCR cases) to consider the petitioner's bail application, preferably on the same day of his surrender in 2/4

connection with Crime No.75 of 2024 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.

4. 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.

5. With the above direction, this Criminal Original Petition is disposed of. 24.05.2024 Internet : Yes / No Index : Yes / No Speaking / Non Speaking order nr 3/4

C.SARAVANAN, J.

nr To

1. The Special Court for PCR cases cum Principal District and Sessions Judge, Thanjavur.

2. The Inspector of Police, Paravakottai Police Station Thiruvarur District 3.The Public Prosecutor, High Court of Madras, Chennai.

Crl.O.P.No.12385 of 2024 24.05.2024 4/4