Madras High CourtCRL OP(MD)/3663/2023disposed of

Rajapandi v. The Deputy Superintendent Of Police

2023-02-24Honourable Mr Justice G.Ilangovan6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.02.2023

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN Rajapandi ... Petitioner Vs.

1.The Deputy Superintendent of Police, O/o.the Deputy Superintendent of Police, Virudhunagar District.

2.The Stat rep.by the Inspector of Police, Elayirampannai Police Station, Virudhunagar District.

(Crime No.13 of 2023) 3.S.Maniraj ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to direct the learned Special Judge for Trial of cases under SC/ST(POA) Act, Srivilliputhur, Virudhunagar District to dispose the bail application filed by the petitioner on merits on the same day of his surrender before the above mentioned Court in connection with Crime No.13 of 2023 on the file of the respondent Police. 1/6

For Petitioner : Mr.S.Marimuthu, 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 Special Judge for Trial of cases under SC/ST(POA) Act, Srivilliputhur, Virudhunagar District, to dispose the bail application filed by the petitioner on merits on the same day of his surrender before the above mentioned Court in connection with Crime No.13 of 2023 on the file of the respondent Police.

2. The petitioner is accused for the offences punishable under Sections 294(b), 341 IPC r/w Sections 3(l)(r) and 3(2)(va) of SC/ST (POA) Act, 2015, in Crime No.13 of 2023, pending on the file of the second respondent police and apprehending arrest, he has filed the present petition.

3. The learned Government Advocate (Criminal Side) appearing for the State would submit that no one was injured in this occurrence. 2/6

4. 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.

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 Judge for Trial of cases under SC/ST(POA) Act, Srivilliputhur, Virudhunagar District, to consider the petitioner's bail application, preferably on the same day of his surrender in connection with Crime No.13 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.

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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 allowed.

24.02.2023 NCC : Yes/No Index : Yes / No Internet : Yes / No das 4/6

To 1.The Special Judge for Trial of cases under SC/ST(POA) Act, Srivilliputhur, Virudhunagar District.

2.The Deputy Superintendent of Police, O/o.the Deputy Superintendent of Police, Virudhunagar District.

3.The Stat rep.by the Inspector of Police, Elayirampannai Police Station, Virudhunagar District.

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

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G.ILANGOVAN ,J.

das Order made in Dated: 24.02.2023 6/6