Madras High CourtCRL OP(MD)/6444/2022disposed of

Deepan v. The Inspector Of Police

2022-04-07Honourable Mr Justice G.K. Ilanthiraiyan2 pages

CRL.O.P (MD) No.6444 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.04.2022

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CRL.O.P (MD) No.6444 of 2022 1.Deepan 2.Karuppasamy @ Manager Karuppasami ... Petitioners/ Accused Nos 1 & 2 Vs 1.The Deputy Superintendent of Police, Pattukkottai, Thanjavur District.

... 1st Respondent 2.The State represented by The Inspector of Police Pattukottai Taluk Police Station Pudukkottai, Thanjavur District.

(In Crime No.132 of 2022) ... 2nd Respondent/ Complainant 3.C.Ashok ... 3rd Respondent/Victim PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the learned I Additional District and Sessions Judge (Protection of Civil Rights), Thanjavur, accept the surrender and to consider the bail application to be filed by the petitioners on the same day in Crime No.132 of 2022, on the file of the second respondent police.

For Petitioner : Mr.T.A.Ebeneser For Respondent : Mr.R.M.Anbunithi Nos.1 and 2 Additional Public Prosecutor

O R D E R

This petition has been filed for a direction to the learned I Additional District and Sessions Judge (Protection of Civil Rights), Thanjavur, accept the surrender and to consider the bail application to be filed by the petitioners on the same day in Crime No.132 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 I Additional District and Sessions Judge (Protection of Civil Rights), Thanjavur, https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL.O.P (MD) No.6444 of 2022 to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Crime No. 132 of 2022 on the file of the second 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 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.

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 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 favourably.

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

Sd/- Assistant Registrar (AS) // True Copy // / /2022 Sub Assistant Registrar(CS) PNM To 1.The I Additional District and Sessions Judge (Protection of Civil Rights), Thanjavur.

2.The Deputy Superintendent of Police, Pattukkottai, Thanjavur District.

3.The Inspector of Police Pattukottai Taluk Police Station Pudukkottai, Thanjavur District.

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

Order made in CRL.O.P (MD) No.6444 of 2022 07.04.2022 SMV(CO)GC(07.04.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2