Madras High CourtCRL OP(MD)/5305/2022disposed of

Vannirasu v. The Deputy Superintendent Of Police

2022-03-22Honourable Mr Justice G.K. Ilanthiraiyan2 pages

CRL.O.P (MD) No.5305 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.03.2022

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN CRL.O.P (MD) No.5305 of 2022 Vannirasu ... Petitioner/ Sole Accused Vs 1.The Deputy Superintendent of Police, Paramakudi, Ramanathapuram District.

... Respondent/ Complainant

2. The Inspector of Police Chatrakudi Police Station Ramanthapuram District

3. Chinnakuppusamy ... Respondent/ Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the District and Sessions Judge, Special Court for Trial of Cases registered under SC/ST (POA) Act 1989, Ramanathapuram to accept the surrender of the petitioners and consider petitioners bail application and grant bail on the date of surrender itself in Crime No.61 of 2022 For Petitioner : Mr.D.Balamurugapandi 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 Judge, Special Court for Trial of Cases registered under SC/ST (POA) Act 1989, Ramanathapuram to accept the surrender of the petitioners and consider petitioners bail application and grant bail on the date of surrender itself in Crime No.61 of 2022

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 Sessions Judge, Special Court for Trial of Cases registered under https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL.O.P (MD) No.5305 of 2022 SC/ST (POA) Act 1989, Ramanathapuram , to consider the petitioner's bail application, preferably on the same day of his surrender in connection with Crime No. 61 of 2022 on the file of the 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. 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.

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

Sd/- Assistant Registrar (CS-II) // True Copy // / /2022 Sub Assistant Registrar To 1.The District and Sessions Judge, Special Court for Trial of Cases registered under SC/ST (POA) Act 1989, Ramanathapuram.

2.The Deputy Superintendent of Police, Paramakudi, Ramanathapuram District

3. The Inspector of Police Chatrakudi Police Station Ramanthapuram District 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.D.BALAMURUGAPANDI, Advocate (SR-13603[F] dated 22/03/2022) Order made in CRL.O.P (MD) No.5305 of 2022 22.03.2022 AAV MS/22.03.2022/2P.6C https://hcservices.ecourts.gov.in/hcservices/ 2/2