Madras High CourtCRL OP(MD)/5502/2022disposed of

Chellapandian v. The Deputy Superintendent Of Police

2022-03-24Honourable Mr Justice G.K. Ilanthiraiyan2 pages

CRL.O.P (MD) No.5502 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.03.2022

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CRL.O.P (MD) No.5502 of 2022

1. Chellapandian

2. Anandhan

3. Ayyammal ... Petitioners/Accused Vs

1. The Deputy Superintendent of Police, Samayanallur, Madurai District.

2. The Sub-Inspector of Police, Vadipatti Police Station, Madurai District.

3. Pandimurugan ... Respondents/Complainants PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the court of III Additional Sessions Judge(Special Court for SC/ST Act Cases) Madurai to consider the bail application of the petitioners in Cr.No.84/2022 on the same date of surrender and dispose the same on its merits in accordance with law and grant such other relief as this Honourable Court. For Petitioners : Mr.B.Stalin 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 Sessions Judge(Special Court for SC/ST Act Cases) Madurai to consider the bail application of the petitioners in Cr.No.84/2022 on the same date of surrender and dispose the same on its merits 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 III Additional Sessions Judge(Special Court for SC/ST Act Cases) Madurai , to consider the petitioners bail application, preferably on the same day of their surrender in connection with Crime No. 84 of 2022 on the file of the 2nd respondent and pass appropriate orders in accordance with law after affording due opportunity to the victim https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL.O.P (MD) No.5502 of 2022 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.

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 (Crl.Side) // True Copy // / /2022 Sub Assistant Registrar(CS) aav To 1.The III Additional Sessions Judge (Special Court for SC/ST Act Cases) Madurai

2. The Deputy Superintendent of Police, Samayanallur, Madurai District.

3. The Sub-Inspector of Police, Vadipatti Police Station, Madurai District.

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

+1 CC to M/s.B.STALIN, Advocate ( SR-14687[F] dated 25/03/2022 ) Order made in CRL.O.P (MD) No.5502 of 2022 24.03.2022 sj(CO) GC(25.03.2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2