Madras High CourtCRL OP(MD)/5145/2022disposed of

Murugesan @ Murugan v. The Deputy Superintendent Of Police

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

CRL.O.P (MD) No.5145 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.5145 of 2022 Murugesan @ Murugan ... Petitioner/Accused No.2 Vs 1.The Deputy Superintendent of Police, Arangthani (i/c), Alangudi, Pudukkottai District.

2.State rep by the Inspector of Police Vadakadu Police Station Pudukkottai District.

(In Crime No.36 of 2022) ... Respondents/Complainants 3.Senthilkumar ... 3rd Respondent/ Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the District and Special Sessions Court (PCR), Pudukkottai to accept the surrender of the petitioner and consider his bail application on the same day on merits in relating to Crime No.36 of 2022 dated 28.02.2022.

For Petitioner : Mr.C.Gunasekaran 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 District and Sessions Special Court (PCR), Pudukkottai, to consider the bail petition of the petitioner on the same day of surrender and dispose the same on merits and in accordance with law in crime No.36 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 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 District and Special Sessions Court (PCR), Pudukkottai, to consider the petitioner's bail application, preferably on the same day of his surrender in connection with Crime No.36 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 petitioner shall surrender before the concerned https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL.O.P (MD) No.5145 of 2022 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 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 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 District and Special Sessions Court (PCR), Pudukkottai.

2.The Deputy Superintendent of Police, Arangthani (i/c), Alangui, Pudukkottai District.

3.The Inspector of Police Vadakadu Police Station Pudukkottai District.

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

CRL.O.P (MD) No.5145 of 2022 18.03.2022 ck(CO) GC(22.03.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2