Madras High CourtCRL OP(MD)/7191/2022disposed of

A. Nagarajan v. The Deputy Superintendent Of Police

2022-04-19Honourable Mr Justice M.Dhandapani2 pages

Crl.O.P.(MD) No.7191 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.04.2022

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CRL.O.P (MD) No.7191 of 2022 1.A.Nagarajan 2.N.Chandra 3.R.Vignesh Kumar ... Petitioners 1 to 3/ Accused No.1 to 3 Vs 1.The Deputy Superintendent of Police, Theni District, Theni.

2.The State represented by The Inspector of Police, Thenkarai Police Station, Periyakulam, Theni District.

(Crime No.135 of 2022)

3. Chinnaramu ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, to direct the Special Court for SC/ST (Prevention of Atrocities Act), Theni, to consider the surrender and bail application filed by the petitioner in Crime No. 135 of 2022 pending on the file of the second respondent police and to consider the bail application filed by the Petitioners on the same day. For Petitioners : Mr.J.Sulthan Basha for M/s.Ajmal Associates For Respondent : Mr.R.M.Anbunithi Nos.1 and 2 Additional Public Prosecutor

O R D E R

This Criminal Original Petition is filed to direct the special court for SC/ST (Prevention of Atrocities Act), Theni to consider the surrender and bail application filed by the petitioner in Crime No. 135 of 2022 pending on the file of the second respondent police and to consider the bail application filed by the Petitioners on the same day.

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Crl.O.P.(MD) No.7191 of 2022

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 Special Court for SC/ST (Prevention of Atrocities Act), Theni, to consider the petitioners bail application, preferably on the same day of his surrender in connection with Crime No.135 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(CS-III) // True Copy // 22/04/2022 Sub Assistant Registrar(CS) mga To 1.The Special Court for SC/ST (Prevention of Atrocities Act), Theni.

2.The Deputy Superintendent of Police, Theni District, Theni. 3.The Inspector of Police, Thenkarai Police Station, Periyakulam, Theni District.

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

+1 CC to M/s.AJMAL ASSOCIATES, Advocate ( SR-19807[F] dated 20/04/2022 ) Order made in CRL.O.P (MD) No.7191 of 2022 19.04.2022 ss(CO) TR(22.04.2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2