Koyilandi v. The Deputy Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.02.2023

CORAM

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR 1.Koyilandi 2.Murugan @ Murugesan ... Petitioners/ Accused 1 & 2 Vs.

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

2.The State represented by its The Inspector of Police, Palanichettypatti Police Station, Theni District.

(Crime No.20 of 2023) 3.Murugan ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to direct the learned Special Court for Exclusive Trial of Cases under SC/ST (POA) Act, 1989, Theni to consider the bail application of the petitioners in connection with the FIR in Crime No.20 of 2023 on the file of the second respondent police on 1/6

the very same date of the surrender of the petitioners and consequently, to enlarge the petitioners on bail on the very same itself by disposing the petitioners' bail application.

For Petitioners : Mr.A.Gowthaman 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 Special Court for Exclusive Trial of Cases under SC/ST (POA) Act, 1989, Theni to consider and pass orders on bail application to be filed by the petitioners in connection with Crime No.20 of 2023 pending on the file of the second respondent on the same day.

2. The petitioners are the accused for the offences punishable under Sections 147, 294(b), 324 and 506(2) IPC and Sections 3(l)(r), 3(l)(s) and 3(2)(va) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 2015 in Crime No.20 of 2023, pending on the file of the second respondent and apprehending arrest, they have filed the present petition.

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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 having some previous cases.

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 Special Court for Exclusive Trial of Cases under SC/ST (POA) Act, 1989, Theni to consider the petitioners' bail application, preferably on the same day of their 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 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. At the time of passing orders, the learned Sessions Judge, Special Court for Exclusive Trial of Cases under SC/ST (POA) Act, 1989, Theni, is directed to take note of the petitioners' 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 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.

16.02.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No csm 4/6

To 1.The Special Court for Exclusive Trial of Cases under SC/ST (POA) Act, 1989, Theni.

2.The Deputy Superintendent of Police, Theni District.

3.The Inspector of Police, Palanichettypatti 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: 16.02.2023 6/6