Madras High CourtCRL OP(MD)/7317/2022disposed of

Johnbeter v. The Inspector Of Police

2022-04-20Honourable Mr Justice G.K. Ilanthiraiyan2 pages

CRL.O.P (MD) No.7317 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.04.2022

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CRL.O.P (MD) No.7317 of 2022 1.Johnbeter 2.Adaikkalamary ... Petitioners/Accused No.1 & 2 Vs 1.The State represented by The Inspector of Police, Manapparai Police Station, Trichy District.

(Crime No.102 of 2022)

2. S.Bharathi

3. Rajkumar ... Respondents/Complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, to direct the learned I Additional District Judge, P.C.R.Court, Trichy, under the SC/ST Act to accept the surrender of the petitioners and to consider the bail petition filed by the petitioner on the same day and release him on bail pending investigation.

For Petitioners : Mr.S.S.Sundarapandian For Respondents : Mr.R.M.Anbunithi No.1 Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed to direct the learned I Additional District Judge, P.C.R.Court, Trichy, under the SC/ST Act to accept the surrender of the petitioners and to consider the bail petition filed by the petitioner on the same day and release him on bail pending investigation.

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 Judge, P.C.R.Court, Trichy, to consider the petitioners bail application, preferably on the same day of his surrender in connection with Crime No. Crime No.102 of 2022 on the file of the first 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 https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL.O.P (MD) No.7317 of 2022 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 (CS-III) // True Copy // 22/04/2022 Sub Assistant Registrar(CS-II) mga To 1.The I Additional District Judge PCR Court, Trichy.

2.The Inspector of Police, Manapparai Police Station, Trichy District.

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

+1 CC to M/s.S.S.SUNDARAPANDIAN, Advocate ( SR-19568[F] dated 20/04/2022 ) Order made in CRL.O.P (MD) No.7317 of 2022 20.04.2022 sg(CO) GC(22.04.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2