Madras High CourtCRL OP(MD)/6404/2022disposed of

Manikandan @ Dineshkumar v. The Deputy Superintendent Of Police

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

Crl.O.P.(MD) No.6404 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.6404 of 2022 1.Manikandan @ Dineshkumar 2.K.Karthick 3.Ajithkumar 4.K.Praveen @ Praveenkumar ... Petitioners/Accused Nos.1 to 4 Vs 1.The State rep. by The Deputy Superintendent of Police, Oddanchathiram Circle, Dindigul District.

2.The Inspector of Police, Oddanchathiram Police Station, Dindigul District.

(Crime No.156/2022) ... 1st & 2nd Respondents / Complainants

3. Sakthivel ... 3rd Respondent / Defacto complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the Learned Principal District and Sessions Judge cum PCR court, Dindigul to consider the petitioner's bail application and dispose the bail application on the same day if the petitioner's surrender before the Learned Principal District & Sessions Judge cum PCR court, Dindigul in Crime No.156 of 2022 on the file of the respondents.

For Petitioners : Mr.R.Mathiyalagan 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 Principal District and Sessions Judge cum PCR court, Dindigul to consider the petitioner's bail application and dispose the bail application on the same day if the petitioner's surrender before the Learned Principal District & Sessions Judge cum PCR court, Dindigul in Crime No.156 of 2022 on the file of the respondents.

2. In view of the specific bar under Section 18 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD) No.6404 of 2022 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 Principal District and Sessions Judge cum PCR court, Dindigul, to consider the petitioners bail application, preferably on the same day of their surrender in connection with Crime No. 156 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 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 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 Principal District and Sessions Judge cum PCR court, Dindigul

2. The Deputy Superintendent of Police, Oddanchathiram Circle, Dindigul District.

3.The Inspector of Police, Oddanchathiram Police Station, Dindigul District.

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

+1 CC to M/s.R. MATHIYALAGAN, Advocate ( SR-16806[F] dated 06/04/2022 ) Order made in CRL.O.P (MD) No.6404 of 2022 06.04.2022 smv(CO) TR(07.04.2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2