Prabakar @ Prabakaran v. The Deputy Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.02.2023

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN Prabakar @ Prabakaran ... Petitioner Vs.

1.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Papanasam Sub Division, Thanjavur District.

2.The Inspector of Police, Papanasam Poilce Station, Thanjavur District.

(Crime No.50 of 2023) 3.Karthi ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to accept the surrender of the petitioner before the Special Court for SC/ST (Prevention of Atrocities) Act i.e. the 1st Additional District and Sessions Judge at Thanjavur in connection with the Crime No.50 of 2023 on the file of the second respondent police and to consider te bail application filed by the petitioner on the same day. 1/6

For Petitioner : Mr.K.M.Karunakaran For R1 & R2 : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor.

ORDER

This Criminal Original Petition has been filed, invoking Section 482 Cr.P.C., seeking orders to accept the surrender of the petitioner before the Special Court for SC/ST (Prevention of Atrocities) Act i.e. the 1st Additional District and Sessions Judge at Thanjavur in connection with the Crime No.50 of 2023 on the file of the second respondent police and to consider te bail application filed by the petitioner on the same day. 2.The petitioner is the sole accused for the offences punishable under Sections 294(b), 323, 324 IPC r/w Sections 3(l)(r), 3(l)(s) and 3(2) (va) of the Scheduled Caste and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 in Crime No.50 of 2023, pending on the file of the second respondent police and apprehending arrest, he has filed the present petition.

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3.Heard the learned counsel appearing for the petitioner, the learned Government Advocate (Criminal Side) appearing for the first and second respondents and perused the materials available on record. 4.The learned Government Advocate (Criminal Side) appearing for the first and second respondents would submit that the injured person has already been discharged from the hospital and that the petitioner is not having any 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 learned Special Court for SC/ST (Prevention of Atrocities) Act i.e. the 1st Additional District and Sessions Judge at Thanjavur, to consider the petitioner's bail application, preferably on the same day of his surrender in connection with Crime No.50 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 3/6

concerned jurisdictional Court, 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 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.

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

24.02.2023 NCC :

Yes / No Index :

Yes / No Internet :

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To 1.The Special Court for SC/ST (Prevention of Atrocities) Act 1st Additional District and Sessions Judge at Thanjavur 2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Papanasam Sub Division, Thanjavur District.

3.The Inspector of Police, Papanasam Poilce Station, Thanjavur District.

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

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G.ILANGOVAN ,J.

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