Madras High CourtCRL OP(MD)/7364/2022disposed of

Uthaya @ Aravinth v. The Deputy Superintendent Of Police

2022-04-22Honourable Mr Justice G.K. Ilanthiraiyan2 pages

CRL.O.P (MD) No.7364 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.04.2022

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN CRL.O.P (MD) No.7364 of 2022 Uthaya @ Aravinth ... Petitioner/Sole Accused Vs 1.The Deputy Superintendent of Police, Papanasam, Thanjavur District.

2.The Inspector of Police, Kabisthalam Police Station, Thanjavur District.

(Crime No.180 of 2022) ... Respondents/Complainants

3. Thangamani ... Victim/Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the learned I Additional District and Sessions Judge,(PCR) Court Thanjavur to accept the surrender of the petitioner and consider the bail applications on the date of surrender in connection with Cr.No.180 of 22 on the file of the second respondent police For Petitioner : Mr.B.Jameel Arasu, Advocate 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 learned I Additional District and Sessions Judge,(PCR) Court Thanjavur to accept the surrender of the petitioner and consider the bail applications on the date of surrender in connection with Cr.No.180 of 22 on the file of the second 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 learned I Additional District and Sessions Judge,(PCR) Court Thanjavur, to consider the petitioner's bail application, preferably on the same day of his surrender in connection with Crime No.

180 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 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.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL.O.P (MD) No.7364 of 2022 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 (P & A) // True Copy // 25/04/2022 Sub Assistant Registrar(CS) To 1.The I Additional District and Sessions Judge (PCR) Court, Thanjavur.

2.The Deputy Superintendent of Police, Papanasam, Thanjavur District 3.The Inspector of Police Kabisthalam Police Station Thanjavur District 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Order made in CRL.O.P (MD) No.7364 of 2022 22.04.2022 RS (25.04.2022) 2P-5C https://hcservices.ecourts.gov.in/hcservices/ 2/2