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Madras High CourtCRL OP(MD)/4413/2023disposed of

Ravi @ Ayyamperumal v. The Deputy Superintendent Of Police

2023-03-08Honourable Mr Justice G.Ilangovan6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.03.2023

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN

1. Ravi @ Ayyamperumal

2. Kodiyammal

3. Rethinakumar @ Rathinakumar

4. Ishwariya ... Petitioners/Accused Nos.1 to 4 Vs.

1.The Deputy Superintendent of Police, Thiruvidaimaruthur, Thanjavur District.

2. The Inspector of Police, Cholapuram Police Station, Thanjavur District.

Crime No.11/2023.

...Respondents 1 and 2/Complainants

3. Bama ... Respondent No.3/Defacto Complainant PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to direct the learned 1st Additional District and Sessions Judge (PCR) Court, Thanjavur, Thanjavur District to accept the 1/6

surrender of the petitioners' and consider their bail application on the same day on merit relating to crime no.11 of 2023 dated 05.01.2023. For Petitioners : Mr. Sathya Chidambaram.S For R1 & R2 : Mr.R.Suresh Kumar Government Advocate (Crl. Side)

ORDER

This Criminal Original Petition has been filed, invoking Section 482 Cr.P.C., seeking orders to direct the learned 1st Additional District and Sessions Judge (PCR) Court, Thanjavur, Thanjavur District to accept the surrender of the petitioners' and consider their bail application on the same day on merit relating to crime No.11 of 2023 dated 05.01.2023.

2. The petitioners are the accused for the offences punishable under Sections 294(b), 427, 506(i) IPC and Sections 3(l)(r), 3(l)(s) and 3(2)(va) of SC/ST (Prevention of Atrocities) Act, 1989 in Crime No.11 of 2023, pending on the file of the second respondent police and apprehending arrest, they have filed the present petition.

3. Heard the learned counsel appearing for the petitioners, the learned Government Advocate (Criminal Side) appearing for the 2/6

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 petitioners are not having any previous cases and injured has been discharged from the hospital.

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 (PCR) Court, Thanjavur, Thanjavur District, to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Crime No.11 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 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.

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6. The learned counsel for the petitioner submitted that the accused had damaged the properties. But there is no damage as per the First Information Report, if it is so, the same may be taken into account by the concerned Special Court while considering the bail petition of the petitioners.

7. 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 favorably.

8. 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 (PCR) Court, Thanjavur, Thanjavur District 2.The Deputy Superintendent of Police, Thiruvidaimaruthur, Thanjavur District.

3. The Inspector of Police, Cholapuram 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