Arunagiri v. The Deputy Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.03.2023

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN Arunagiri ... Petitioner/Sole Accused Vs.

1.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Pattukottai Sub Division, Thanjavur District.

2. The Inspector of Police, Pattukottai Taluk Police Station, Thanjavur District.

(Crime No.111/2023).

...Respondents 1 and 2/Complainants

3. Chelladurai ...3rd Respondent/ Defacto Complainant PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to accept the surrender of the petitioner before the Special Court for SC/ST (Prevention of Atrocities) Act i.e the 1st Additional District and Sessions Judge at Thanjavur in connection with the crime No.111 of 2023 on the file of second respondent police and to consider the bail application filed by the petitioner on the same day. 1/6

For Petitioner : Mr.Karunakaran.K.M For R1 & R2 : Mr.R.Sureshkumar Government Advocate (Crl. Side)

ORDER

This Criminal Original Petition has been filed, invoking Section 482 Cr.P.C., seeking orders to accept the surrender of the petitioner before the Special Court for SC/ST (Prevention of Atrocities) Act i.e the learned 1st Additional District and Sessions Judge at Thanjavur in connection with the crime No.111 of 2023 on the file of second respondent police and to consider the bail application filed by the petitioner on the same day.

2. The petitioner is the accused for the offences punishable under Sections 294(b), 506(ii) of IPC and Sections 3(l)(r), 3(l)(s) and 3(2)(va) of the Scheduled Caste and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 in Crime No.111 of 2023 dated 02.03.2023, pending on the file of the second respondent police and apprehending arrest, they have filed the present petition. 2/6

3. Heard the learned counsel appearing for the petitioner, the learned Government Advocate (Criminal Side) appearing for the respondents 1 and 2 and perused the materials available on record.

4. The learned Government Advocate (Criminal Side) appearing for the respondents 1 and 2 would submit that the petitioner is not having any previous cases.

5. 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 1st Additional District and Sessions Judge at Thanjavur, to consider the petitioner's bail application, preferably on the same day of his surrender in connection with Crime No.111 of 2023 on the file of the second respondent police and pass appropriate orders, in accordance with law, after affording due opportunity to the victim under Section 15A(3) 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. 3/6

6. 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 favorably.

7. With the above direction, this Criminal Original Petition stands allowed.

08.03.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No Indu 4/6

To 1.The learned 1st Additional District and Sessions Judge at Thanjavur.

2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Pattukottai Sub Division, Thanjavur District.

3. The Inspector of Police, Pattukottai Taluk Police Station, Thanjavur District.

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

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G.ILANGOVAN,J.

Indu Order made in Dated: 08.03.2023 6/6