Madras High CourtCRL OP(MD)/7681/2022disposed of

Bala @ Bala Anandh v. The Deputy Superrintendent Of Police

2022-04-26Honourable Mr Justice G.K. Ilanthiraiyan2 pages

CRL.O.P (MD) No.7681 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.04.2022

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CRL.O.P (MD) No.7681 of 2022 1.Bala @ Bala Anandh 2.Balamurugan 3.Lakshmi ... Petitioners/Accused Nos.1 to 3 Vs 1.The Deputy Superintendent of Police, Valliyoor, Tirunelveli District.

2.The Inspector of Police, Pazhavoor Police Station, Tirunelveli District.

... Respondent Nos.1 & 2/ Complainants 3.Udhaya ... Respondent No.3/ Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, to direct the Special Court for the exclusive trial of SC/ST (POA) Act Cases, Tirunelveli to consider and dispose of the bail application of the petitioners in Crime No.74 of 2022 on the file of the second respondent on the same day of their surrender. For Petitioners : Mr.K.Gokul For Respondent : Mr.R.M.Anbunithi Nos.1 & 2 Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed to direct the Special Court for the exclusive trial of SC/ST (POA) Act Cases, Tirunelveli to consider and dispose of the bail application of the petitioners in Crime No.74 of 2022 on the file of the second respondent on the same day of their surrender.

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 the exclusive trial of SC/ST (POA) Act Cases, Tirunelveli to consider the petitioners bail application, preferably on the same day of his surrender in connection with Crime No.74 of 2022 on the https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL.O.P (MD) No.7681 of 2022 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 (W) // True Copy // 26/04/2022 Sub Assistant Registrar(CS-IV) mga To 1.The Judge, The Special Court for the exclusive trial of SC/ST (POA) Act Cases, Tirunelveli.

2.The Deputy Superintendent of Police, Valliyoor, Tirunelveli District.

3.The Inspector of Police, Pazhavoor Police Station, Tirunelveli District.

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

CRL.O.P (MD) No.7681 of 2022 26.04.2022 ac(CO) GC(26.04.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2