Mohanlal v. The Deputy Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.01.2023

CORAM

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR Mohanlal ... Petitioner Vs.

1.The Deputy Superintendent of Police, Alangulam, Tenkasi District.

2.The Inspector of Police, Alangulam Police Station, Tenkasi District.

(Crime No.20 of 2023) 3.Esakkimuthu 4.Ajithkumar ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to direct the learned II Additional District and Sessions Judge (Special Court for PCR Cases), Tirunelveli to consider the petitioner's bail application on the same day of his surrender in Crime No.20 of 2023 on the file of the Alangulam Police Station, Tenkasi District.

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For Petitioner : Mr.T.Lenin Kumar 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 II Additional District and Sessions Judge (Special Court for PCR Cases), Tirunelveli to consider the petitioner's bail application on the same day of his surrender in Crime No.20 of 2023 on the file of the second respondent.

2. The petitioner is an accused for the offences punishable under Sections 294(b) and 323 IPC and Sections 3(l)(r), 3(l)(s) and 3(2)(va) of the Scheduled Caste and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 in Crime No.20 of 2023, pending on the file of the second respondent police and apprehending arrest, he has filed the present petition.

3. Heard the learned counsel appearing for the petitioner, the learned Government Advocate (Criminal Side) appearing for the respondents 1 and 2 and perused the materials available on record. 2/6

4. The learned Government Advocate (Criminal Side) appearing for the respondents 1 and 2 would submit that the petitioner is having two previous cases for the offence under the TNP Act.

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 II Additional District and Sessions Judge (Special Court for PCR Cases), Tirunelveli, to consider the petitioner's bail application, preferably on the same day of his surrender in connection with Crime No.20 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 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.

6. At the time of passing orders, the learned II Additional District 3/6

and Sessions Judge (Special Court for PCR Cases), Tirunelveli, is directed to take note of the petitioner's previous cases also.

7. 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 favorably.

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

23.01.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No csm 4/6

To 1.The II Additional District and Sessions Judge (Special Court for PCR Cases), Tirunelveli.

2.The Deputy Superintendent of Police, Alangulam, Tenkasi District.

3.The Inspector of Police, Alangulam Police Station, Tenkasi District.

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

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K.MURALI SHANKAR,J.

csm Order made in Dated: 23.01.2023 6/6