Madras High CourtCRL OP(MD)/6153/2022disposed of

Mareeswari v. The Deputy Superintendent Of Police

2022-04-04Honourable Mr Justice G.K. Ilanthiraiyan2 pages

CRL.O.P (MD) No.6153 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.04.2022

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CRL.O.P (MD) No.6153 of 2022 Mareeswari ... Petitioner/Accused No.3 Vs 1.The Deputy Superintendent of Police, Sattur Sub Division, Virudhunagar District.

2.State rep. by The Inspector of Police, Sattur Town Police Station, Virudhunagar District.

(Crime No.111 of 2022) ... 1st & 2nd Respondents/Complainants

3. Thangapandi ...3rd Respondent/Defacto Complainant

4. Rajapandi ... 4th Respondent/Victim PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the learned Principal District and Sessions Judge (PCR Court), Virudhunagar District at Srivilliputhur to accept the surrender of the petitioner and consider her bail application on the same day on merits in relating to Crime.No. 111/2022 dated 25.03.2022 on the file of the respondent police. For Petitioners : Mr.P.Saravanakumar 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 Principal District and Sessions Judge (PCR Court), Virudhunagar District at Srivilliputhur to accept the surrender of the petitioner and consider her bail application on the same day on merits in relating to Crime.No. 111/2022 dated 25.03.2022 on the file of the respondent police.

1. 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 Principal District and Sessions Judge (PCR Court), Virudhunagar District at Srivilliputhur, to consider the petitioner's bail application, preferably on the same day of her surrender in https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL.O.P (MD) No.6153 of 2022 connection with Crime No. 111 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.

2. 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.

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

Sd/- Assistant Registrar (W) // True Copy // / /2022 Sub Assistant Registrar(CS) aav To

1. The Principal District and Sessions Judge (PCR Court), Virudhunagar District at Srivilliputhur 2.The Deputy Superintendent of Police, Sattur Sub Division, Virudhunagar District.

3.The Inspector of Police, Sattur Town Police Station, Virudhunagar District.

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

+1cc to M/s.P.SARAVANA KUMAR,Advocate, SR.No.2910 DATED:04.04.2022 Order made in CRL.O.P (MD) No.6153 of 2022 04.04.2022 SVS(CO) GC(05.04.2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2