Madras High CourtCRL OP(MD)/6427/2022disposed of

Peer Mohaideen v. The Deputy Superintendent Of Police

2022-04-06Honourable Mr Justice G.K. Ilanthiraiyan2 pages

CRL.O.P (MD) No.6427 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.04.2022

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CRL.O.P (MD) No.6427 of 2022 Peer Mohideen ... Petitioner/Sole Accused Vs 1.The State represented by The Deputy Superintendent of Police, Thalaiyuthu Division, Tirunelveli District.

2.The Inspector of Police, Thalaiyuthu Police Station, Tirunelveli District.

(Crime No.91/2022) ... 1st & 2nd Respondent/Complainant

3. Murugesan ...3rd Respondent/Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the learned Additional District and Sessions Judge(PCR Act Cases), Tirunelveli to consider the bail application of the Petitioner on the same day of filling in Cr.No.91 of 2022 on the file of the 2nd Respondent Police Station. For Petitioner : Mr.K.Navaneetharaj 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 Additional District Sessions Judge(PCR Act Cases), Tirunelveli to consider the bail application of the Petitioner on the same day of filling in Cr.No.91 of 2022 on the file of the 2nd Respondent Police Station.

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 Additional District and Sessions Judge(PCR Act Cases), Tirunelveli, to consider the petitioner's bail application, preferably on the same day of his surrender in connection with Crime No. 91 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 https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL.O.P (MD) No.6427 of 2022 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 (AS) // True Copy // / /2022 Sub Assistant Registrar(CS) aav To 1.The Additional District and Sessions Judge (PCR Act Cases), Tirunelveli 2.The Deputy Superintendent of Police, Thalaiyuthu Division, Tirunelveli District.

3.The Inspector of Police, Thalaiyuthu Police Station, Tirunelveli District.

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

Order made in CRL.O.P (MD) No.6427 of 2022 06.04.2022 smv(CO) GC(07.04.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2