Madras High CourtCRL OP(MD)/5491/2023disposed of

Mummoorthi v. The Inspector Of Police

2023-03-24Honourable Mr Justice G.Ilangovan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.03.2023 CORAM :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN Mummoorthi ... Petitioners Vs.

The Inspector of Police, Sayalkudi Police Station, Madurai.

(Crime No. 22/2023) ... Respondent Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the Learned Sessions Judge, Special Court for Trial of cases registered under SC/ST (POA) Act, 1989, Ramanathapuram to consider the bail application of the Petitioner on the same day on his surrender in Crime No.22 of 2023 on the file of the respondent. For Petitioner : Mr.S. Srikanth For Respondent :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 Learned Sessions Judge, Special Court for Trial of cases registered under SC/ST (POA) Act, 1989, 1/5

Ramanathapuram to consider the bail application of the Petitioner on the same day on his surrender in Crime No.22 of 2023 on the file of the respondent.

2. The petitioner is an accused for the offences punishable under Sections 147, 294(b), 323 of IPC and Section 3(1)(r) and 3(1)(s) of SC/ST (Prevention of Atrocities) Act, 1989, in Crime No.22 of 2023, pending on the file of the respondent police and apprehending arrest, he has filed the present petition.

3. Heard the learned counsel appearing for the petitioner, the learned Additional Public Prosecutor appearing for the respondent and perused the materials available on record.

4. The learned Additional Public Prosecutor appearing for the respondent would submit that one previous case is pending against this petitioner.

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 2/5

Sessions Judge, Special Court for Trial of cases registered under SC/ST (POA) Act, 1989, Ramanathapuram, to consider the petitioner's bail application, preferably on the same day of his surrender in connection with Crime No.22 of 2023 on the file of the second respondent police and pass appropriate orders, in accordance with law, after affording due opportunity to the 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. With the above direction, this Criminal Original Petition stands allowed.

24.03.2023 Index : Yes/No Internet:Yes/No tta 3/5

To 1.Learned Sessions Judge, Special Court for Trial of cases registered under SC/ST (POA) Act, 1989, Ramanathapuram.

2.The Inspector of Police, Sayalkudi Police Station, Madurai.

(Crime No. 22/2023) 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

4/5

G.ILANGOVAN, J., tta 24.03.2023 5/5