Prakash @ Prakashraj v. The Deputy Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.02.2023

CORAM

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR 1.Prakash @ Prakashraj 2.Subramanian 3.Sudha 4.Vignesh 5.Thenarasu 6.Dineshkumar @ Dinesh 7.Mariyappan 8.Karthick Susai @ Karthik @ Susai 9.Dinesh 10.Arun Pandi 11.Sakthivel @ Sivasubramani @ Sivasakthi 12.Hari Jegan 13.Suresh 1/6

14.Dhanasekaran ... Petitioners Vs.

1.State represented by its The Deputy Superintendent of Police, Theni, Theni District.

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

(Crime No.24 of 2023) 3.Chandrakumar ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to direct the learned Sessions Judge, Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act Cases, Theni to consider the bail application on their surrender on the same day, if any petition filed by the petitioners in Crime No.24 of 2023 on the file of the second respondent. For Petitioners : Mr.S.Sivaprakash For R1 & R2 : Mr.SS.Madhavan Government Advocate (Crl. Side)

ORDER

This Criminal Original Petition has been filed, invoking Section 482 Cr.P.C., seeking orders to direct the learned Sessions Judge, Special 2/6

Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act Cases, Theni, to accept the surrender of the petitioners and consider their bail application on the same day on merits in relating to Crime No.24 of 2023 on the file of the second respondent police.

2. The petitioners are the accused for the offences punishable under Sections 147, 148, 294(b), 341, 427, 324 and 506(2) 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.24 of 2023, pending on the file of the second respondent police and apprehending arrest, they have filed the present petition.

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

4. The learned Government Advocate (Criminal Side) appearing for the respondents 1 and 2 would submit that the petitioners are not having any previous cases. He would further submit that the accused had caused damages to the houses in question.

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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 Sessions Judge, Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act Cases, Theni, to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Crime No.24 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, 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 Sessions Judge, Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act Cases, Theni, is directed to take note of the damages allegedly caused to the houses in question.

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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 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.

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

13.02.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No csm To 1.The Sessions Judge, Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act Cases, Theni.

2.The Deputy Superintendent of Police, Theni, Theni District.

3.The Inspector of Police, Thenkarai Police Station, Theni 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: 13.02.2023 6/6