Madras High CourtCRL OP(MD)/7891/2022disposed of

Vignesh v. The Deputy Superintendent Of Police

2022-04-27Honourable Mr Justice V.Sivagnanam2 pages

CRL.O.P (MD) No.7891 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.04.2022

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CRL.O.P (MD) No.7891 of 2022 Vignesh ... Petitioner/Accused No. 4 Vs 1.The Deputy Superintendent of Police, Paramakudi, Ramanathapuram District.

2.The Inspector of Police, Parthibanoor Police Station, Ramanathapuram District.

(Crime No.77 of 2022) ... Respondent Nos.1 & 2/Complainants 3.Dharmaraj ... Respondent No.3/Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, to direct the District and Sessions Judge, Special Court for Trial of Cases registered under SC/ST (P.O.A) Act, 1989, Ramanathapuram, Ramanathapuram District to accept surrender of the petitioner and consider the petitioner's bail application and grant bail on the date of surrender himself, in Crime No.77 of 2022 on the file of the second respondent.

For Petitioner : Mr.D.Balamurugapandi For Respondent : Mr.R.M.Anbunithi Nos.1 and 2 Additional Public Prosecutor

O R D E R

This Criminal Original Petition is filed for a direction to direct the District and Sessions Judge, Special Court for Trial of Cases registered under SC/ST (P.O.A) Act, 1989, Ramanathapuram, Ramanathapuram District, to accept surrender of the petitioner and consider the petitioner's bail application and grant bail on the date of surrender himself, in Crime No.77 of 2022 on the file of the second respondent.

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 District and Sessions Judge Special Court for Trial of Cases registered under SC/ST (P.O.A) Act, 1989, Ramanathapuram, Ramanathapuram District, to consider the petitioners bail application, preferably on the same https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL.O.P (MD) No.7891 of 2022 day of his surrender in connection with Crime No.77 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 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.

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 (AS) // True Copy // 28/04/2022 Sub Assistant Registrar(CS-II) mga To 1.The District and Sessions Judge / Special Court for Trial of Cases registered under SC/ST (P.O.A) Act, 1989, Ramanathapuram, Ramanathapuram District, 2.The Deputy Superintendent of Police, Paramakudi, Ramanathapuram District.

3.The Inspector of Police, Parthibanoor Police Station, Ramanathapuram District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1 CC to M/s.D.BALAMURUGAPANDI, Advocate ( SR-21750[F] dated 27/04/2022 ) Order made in CRL.O.P (MD) No.7891 of 2022 27.04.2022 ARK(CO) GC(28.04.2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2