Madras High CourtCRL OP(MD)/7770/2022disposed of

Jones v. The Deputy Superintendent Of Police

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

Crl.O.P.(MD) No.7770 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.7770 of 2022 1.Jones 2.Paulraj ... Petitioners/Accused Nos.1 to 3 Vs 1.The State represented by The Deputy Superintendent of Police, Thiruverumpur, Trichy District.

2.The Inspector of Police, All Women Police Station, Thiruverumpur, Trichy District.

3.Sowmiya ... Respondents/Complainants PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, to direct the learned I Additional District and Sessions Judge, P.C.R.Court, Trichy, to consider the bail application on the day of surrender in Crime No.15 of 2022 on the file of the Deputy Superintendent of Police, Thiruverumpur, Trichy District for alleged offence under Sections 498(A), 406 IPC read with 3(1)(r), 3(1)(s) of SC/ST Prevention of Atrocities Act, 1989 (POA) Amendment Act, 2015. For Petitioners : Mr.A.Vadivel 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 learned I Additional District and Sessions Judge, P.C.R.Court, Trichy, to consider the bail application on the day of surrender in Crime No.15 of 2022 on the file of the Deputy Superintendent of Police, Thiruverumpur, Trichy District for alleged offence under Sections 498(A), 406 IPC read with 3(1)(r), 3(1)(s) of SC/ST Prevention of Atrocities Act, 1989 (POA) Amendment Act, 2015.

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

Crl.O.P.(MD) No.7770 of 2022 misusing the pious intention of the Parliament against innocent persons, there shall be a direction to the learned I Additional District and Sessions Judge, P.C.R.Court, Trichy District to consider the petitioners bail application, preferably on the same day of his surrender in connection with Crime No.15 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(Writs) // True Copy // 26/04/2022 Sub Assistant Registrar(CS) mga To 1.The I Additional District and Sessions Judge, P.C.R.Court, Trichy.

2.The Deputy Superintendent of Police, Thiruverumpur, Trichy District.

3.The Inspector of Police, All Women Police Station, Thiruverumpur, Trichy District.

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

+1 CC to Mr.A.VADIVEL, Advocate SR.No. 21991 CRL.O.P (MD) No.7770 of 2022 26.04.2022 ac(CO) TR(26.04.2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2