N.Periyachi v. The Deputy Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.03.2023
CORAM
THE HON'BLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.4998 of 2023 N.Periyachi ... Petitioner/Accused rank not known Vs.
1. The Deputy Superintendent of Police, Melur Division, Melur, Madurai District.
2. State of Tamil Nadu, represented by The Inspector of Police, Keelavalavu Police Station, Madurai District.
Crime No.238/2022.
... Respondents/Complainants
3. Mookkan ...3rd Respondent/Defacto Complainant PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to direct the III Additional District and Sessions Judge (PCR Court), Madurai, to consider and dispose the bail application to be filed by the petitioner / Accused u/s 439 of Cr.P.C on the same day of the petitioner / Accused surrender before the III Additional District and Sessions Judge (PCR) Court, Madurai, in connection with crime No.238 of 2022 on the file of the second 1/6
respondent.
For Petitioner : Mr. Narayanan R For R1 & R2 : Mr.B.Nambiselvan Additional Public Prosecutor
ORDER
This Criminal Original Petition has been filed, invoking Section 482 Cr.P.C., seeking orders to direct the III Additional District and Sessions Judge (PCR Court), Madurai, to consider and dispose the bail application to be filed by the petitioner / Accused u/s 439 of Cr.P.C on the same day of the petitioner / Accused surrender before the III Additional District and Sessions Judge (PCR) Court, Madurai, in connection with crime No.238 of 2022 on the file of the second respondent.
2. The petitioner is the accused for the offences punishable under Sections 147, 447, 294(b), 323, 427 and 506(i) 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.238 of 2022 dated 26.09.2022, pending on the file of the second respondent 2/6
police and apprehending arrest, they have filed the present petition.
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 III Additional District and Sessions Judge (PCR Court), Madurai, to consider the petitioner's bail application, preferably on the same day of his surrender in connection with Crime No.238 of 2022 on the file of the second respondent police and pass appropriate orders, in accordance with law, after affording due opportunity to the 3/6
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.
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.
16.03.2023 NCC :
Yes / No Index :
Yes / No Internet :
Yes / No Indu 4/6
To
1. The learned III Additional District and Sessions Judge (PCR Court), Madurai
2. The Deputy Superintendent of Police, Melur Division, Melur, Madurai District.
3. The Inspector of Police, Keelavalavu Police Station, Madurai District.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
5/6
G.ILANGOVAN,J.
Indu Order made in Crl.O.P.(MD)No.4998 of 2023 Dated: 16.03.2023 6/6