Madras High CourtCRL OP(MD)/5306/2022disposed of

S.Sankaranarayanan v. The Inspector Of Police

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

Crl.O.P.(MD) No.5306 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.5306 of 2022

1. Sankaranarayanan

2. L. Balasubramanian ... Petitioners/Accused Nos.2 & 3 Vs

1. The Inspector of Police Perumalpuram Police Station Tirunelveli City (Crime No.54/2022)

2. Valli ... Respondents/Complainants PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the direct the learned II Additional District and Sessions Judge (Special Court for PCR Act Cases), Tirunelveli to consider and dispose of the petitioners bail application on the same day of their surrender with the case in Crime No. 54 of 2022 pending on the file of the Inspector of Police, Perumalpuram Police Station, Tirunelveli City For Petitioners : Mr.R.Anand For Respondents : Mr.R.M.Anbunithi No.1 Additional Public Prosecutor

O R D E R

This petition is filed for a direction to direct the learned II Additional District and Sessions Judge (Special Court for PCR Act Cases), Tirunelveli to consider and dispose of the petitioners bail application on the same day of their surrender with the case in Crime No. 54 of 2022 pending on the file of the Inspector of Police, Perumalpuram Police Station, Tirunelveli City

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 II Additional District and Sessions Judge (Special Court for PCR Act Cases), Tirunelveli , to consider the petitioner's bail application, preferably on the same day of their surrender in connection with Crime No. 54 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 https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD) No.5306 of 2022 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.

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 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.

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

Sd/- Assistant Registrar(CS-I) // True Copy // / /2022 Sub Assistant Registrar(CS) aav To 1.The II Additional District and Sessions Judge (Special Court for PCR Act Cases), Tirunelveli 2.The Inspector of Police Perumalpuram Police Station Tirunelveli City 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Order made in CRL.O.P (MD) No.5306 of 2022 22.03.2022 km(CO) TR(22.03.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2