Madras High CourtCRL OP(MD)/6988/2022disposed of

C.Murugesan v. The Deputy Superintendent Of Police

2022-04-13Honourable Mr Justice G.K. Ilanthiraiyan2 pages

CRL.O.P (MD) No.6988 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.04.2022

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CRL.O.P (MD) No.6988 of 2022 C.Murugesan ... Petitioner Vs 1.The Deputy Superintendent of Police, Pudukkottai District, Pudukkottai.

2.The State represented by The Inspector of Police Gandharvakottai Police Station Pudukkottai District.

(In Crime No.97 of 2022) 3.Ajaykumar ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the learned Special Court for Exclusive Trial of SC/ST Act cases, Pudukottai to consider the petitioner bail application on the date of his surrender in respect of Crime No.97/2022 on the file of the respondent police. For Petitioner : Mr.P.Aju Tagore 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 direct the Special Court for Exclusive Trial of SC/ST Act cases, Pudukottai to consider the petitioner's bail application on the date of his surrender in respect of Crime No.97/2022 on the file of the 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 Special Court for Exclusive Trial of SC/ST Act cases, Pudukottai, to consider the petitioner's bail application, preferably on the same day of his surrender in connection with Crime No. 97 of 2022 on the file of the respondent police and pass appropriate orders in accordance with law after affording due opportunity to the victim under Section 15(a) of https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL.O.P (MD) No.6988 of 2022 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 (CS-III) // True Copy // / /2022 Sub Assistant Registrar(CS) lr To 1.The Special Court for Exclusive Trial of SC/ST Act cases, Pudukottai.

2.The Deputy Superintendent of Police, Pudukkottai District, Pudukkottai.

3.The Inspector of Police Gandharvakottai Police Station Pudukkottai District.

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

CRL.O.P (MD) No.6988 of 2022 13.04.2022 RD(13.04.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2