Duraiyarasan v. The Deputy Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.01.2023

CORAM

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR

1. Duraiyarasan,

2. Perumal,

3. Vennila

4. Ganesan, : Petitioners Vs

1. The Deputy Superintendent Of Police, Office of the Deputy Superintendent of Police, Manapparai,Trichy District.

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

(Crime No.12 of 2023).

3. Velmurugan, : Respondents PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to direct the learned I Additional District Judge (PCR), Tiruchirappalli District, to accept the surrender and consider the bail application of the petitioners on the same day of their surrender in Crime No.12 of 2023, Vaiyampatti police Station, 1/6

Tiruchirappalli District.

For Petitioners : Mr.J.S.Ramsundar Vijayraj For R1 & R2 : Mr.R.Sivakumar Government Advocate (Crl.Side)

ORDER

This Criminal Original Petition has been filed, invoking Section 482 Cr.P.C., seeking orders to direct the learned I Additional District Judge (PCR), Tiruchirappalli District, to accept the surrender and consider the bail application of the petitioners on the same day of their surrender in Crime No.12 of 2023.

2. The petitioners are the accused for the offence punishable under Sections 294(b), 323 and 506(1) IPC r/w Sections 3(l)(x), 3(l)(r) and 3(l) (s) and 3(2)(va) of the Scheduled Caste and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 in Crime No.12 of 2023, pending on the file of the second respondent police and apprehending arrest, the petitioner has filed the present petition. 2/6

3. The learned Government Advocate (Crl.Side) appearing for the respondents 1 and 2 would submit that the first accused is having four previous cases.

4.Heard the learned counsel appearing for the petitioners, the learned Government Advocate (Crl.Side) appearing for the respondents 1 and 2 and perused the materials available on record.

5. 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 I Additional District Judge (PCR), Tiruchirappalli District to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Crime No.12 of 2023 on the file of the second respondent police 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, 3/6

within a period of fifteen days, from the date of the receipt of a copy of this order.

6. 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 petitioners and pass orders. Mere direction issued by this Court to consider the bail petition on the same day, does not amount to consider it favorably.

7. With the above direction, this Criminal Original Petition stands allowed.

19.01.2023 NCC :Yes/No Index:Yes / No Internet:Yes / No lr 4/6

To 1.The I Additional District Judge (PCR), Tiruchirappalli District.

2. The Deputy Superintendent Of Police, Office of the Deputy Superintendent of Police, Manapparai,Trichy District.

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

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

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K.MURALI SHANKAR,J.

lr Order made in Dated: 19.01.2023 6/6