Madras High CourtCRL OP(MD)/5194/2022disposed of

M.Parimalam v. The Deputy Superintendent Of Police

2022-03-21Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD) No.5194 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.03.2022

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CRL.O.P (MD) No.5194 of 2022 M.Parimalam ... Petitioner/Accused Vs

1. The Deputy Superintendent of Police, Alangudi, Pudukkottai District.

2. State through The Inspector of Police, Vadakadu Police Station, Alangudi Taluk, Pudukkottai District (In Crime No.36/2022) ... 1st &2nd Respondents / Complainant

3. M.SenthilKumar ... 3rd Respondent / Defacto complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the learned Special District and Sessions Judge,for PCR Cases,Pudukkottai to consider the bail application of the Petitioners/Accused on the same day in connection with the Cr. No.36 of 2022 on the file of Respondent Police when it arise in accordance with law.

For Petitioner : Mr.V.Sevugaraja 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 Special District and Sessions Judge,for PCR Cases,Pudukkottai to consider the bail application of the Petitioners/Accused on the same day in connection with the Crime No.36 of 2022 on the file of Respondent Police when it arise in accordance with law.

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 Special District and Sessions Judge,for PCR Cases,Pudukkottai , to consider the petitioners bail application, preferably on the same day of his surrender in connection with Crime No. 36 of 2022 on the file of the https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD) No.5194 of 2022 2nd 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 jurisdictional Court within a period of fifteen days from the date of the receipt of a copy of this Order.

3. With the above direction, the Criminal Original Petition stands disposed of. However, it is made clear that while considering the bail petition, the Court below shall look into the gravity, seriousness of offence and previous antecedents of the accused and pass orders. Mere direction issued by this Court does not amount to consider the bail petition favourably. Sd/- Assistant Registrar(CS-II) // True Copy // / /2022 Sub Assistant Registrar(CS) aav To

1. The Special District and Sessions Judge, for PCR Cases,Pudukkottai

2. The Deputy Superintendent of Police, Alangudi, Pudukkottai District.

3. The Inspector of Police, Vadakadu Police Station, Alangudi Taluk, Pudukkottai District

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

Order made in CRL.O.P (MD) No.5194 of 2022 21.03.2022 km(CO) TR(22.03.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2