Madras High CourtCRL OP(MD)/5117/2022disposed of

Sathis v. The Deputy Superintendent Of Police

2022-03-18Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD) No.5117 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.03.2022

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CRL.O.P (MD) No.5117 of 2022 1.Sathis 2.Nagapandi 3.Prakash 4.Karuppu @ Karuppasamy 5.Muthupandi @ Deepavali 6.Karupuraja 7.Ajith @ Ajith Pandi ... Petitioners/ Accused 1 to 4 & 6 to 8 Vs 1.The Deputy Superintendent of Police, Alanganallur Division, Madurai District.

2.State rep by the Inspector of Police Alanganallur Police Station Madurai District.

(In Crime No.57 of 2022) ... 1st & 2nd Respondents / Complainants 3.Senthil ... 3rd Respondent / Defacto complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the III Additional District and Sessions Court (PCR Court), Madurai to accept the surrender of the petitioners and consider their bail application on the same day on merits in relating to Crime No.57 of 2022 dated 10.03.2022 on the file of the first respondent.

For Petitioners : Mr.S.Bharathi For Respondents : Mr.R.M.Anbunithi No.1 and 2 Additional Public Prosecutor

O R D E R

This petition is filed for a direction to direct the learned III Additional District and Sessions Court (PCR Court), Madurai, to consider the bail petition of the petitioners on the same day of surrender and dispose the same on merits and in accordance with law in crime No.57 of 2022 on the file of the first respondent. 2.In view of the specific bar under Section 18 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD) No.5117 of 2022 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 III Additional District and Sessions Court (PCR Court), Madurai, to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Crime No.57 of 2022 on the file of the first respondent 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. 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 favourably.

3.With the above direction, the Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(CS-I) // True Copy // / /2022 Sub Assistant Registrar(CS) ias To 1.The III Additional District and Sessions Court (PCR Court), Madurai.

2.The Deputy Superintendent of Police, Alanganallur Division, Madurai District.

3.The Inspector of Police Alanganallur Police Station Madurai District.

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

+1 CC to M/s.K.SRIDHAR, Advocate ( SR-12875[F] dated 18/03/2022 ) CRL.O.P (MD) No.5117 of 2022 18.03.2022 km(CO) TR(22.03.2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2