Madras High CourtCRL OP(MD)/6289/2022disposed of

Karthick v. The Deputy Superintendent Of Police

2022-04-05Honourable Mr Justice G.K. Ilanthiraiyan2 pages

CRL.O.P (MD) No.6289 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.04.2022

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CRL.O.P (MD) No.6289 of 2022 Karthick ... Petitioner/Accused No.1 Vs 1.The Deputy Superintendent of Police, Thiruverambur Sub Division, Tiruchirappalli District.

2.The Inspector of Police, All Women Police Station - Thiruverambur, Tiruchirappalli District.

... 1st & 2nd Respondents/ Complainant

3. Sowmiya ...3rd Respondent/ Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the learned I Additional Sessions Judge, Tiruchirappalli (Special Court for exclusively triable of cases under SC/ST(Prevention Of Attrocities Act), to consider the bail petition to be filed by the petitioner on the same day on his surrender in connection with Crime No.8 of 2022 on the file of the second respondent police.

For Petitioner : Mr.I.Suthakaran 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 I Additional Sessions Judge, Tiruchirappalli (Special Court for exclusively triable of cases under SC/ST(Prevention Of Atrocities Act), to consider the bail petition to be filed by the petitioner on the same day on his surrender in connection with Crime No.8 of 2022 on the file of the second respondent police.

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 learned I Additional Sessions Judge, Tiruchirappalli (Special Court for exclusively triable of cases under SC/ST(Prevention Of Atrocities Act), to consider the petitioner's bail application, preferably on https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL.O.P (MD) No.6289 of 2022 the same day of his surrender in connection with Crime No. 8 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.

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 (AE) // True Copy // 06/04/2022 Sub Assistant Registrar(CS-II) aav To 1.The I Additional Sessions Judge, (Special Court for exclusively triable of cases under SC/ST(Prevention Of Atrocities Act) Tiruchirappalli.

2.The Deputy Superintendent of Police, Thiruverambur Sub Division, Tiruchirappalli District.

3.The Inspector of Police, All Women Police Station-Thiruverambur, Tiruchirappalli District.

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

+1 CC to M/s.I. SUTHAKARAN, Advocate ( SR-16623[F] dated 05/04/2022 ) Order made in CRL.O.P (MD) No.6289 of 2022 05.04.2022 SP(CO)GC(06.04.2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2