Madras High CourtCRL OP(MD)/7848/2022disposed of

Suga v. The Deputy Superintendent Of Police

2022-04-27Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD) No.7848 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.7848 of 2022 Suga ... Petitioner/ Sole Accused Vs 1.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Papanasam Sub Division, Thanjavur District.

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

(Crime No.237 of 2022) ... Respondent Nos.1 & 2/ Complainants 3.Vijayakumar ... Respondent No.3/ Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, pleased to accept the surrender of the petitioner before the Special Court for SC/ST (Prevention of Atrocities) Act i.e The I Additional District and Sessions Judge at Thanjavur, in connection with the Crime No.237 of 2022 on the file of the second respondent Police.

For Petitioner : Mr.K.M.Karunakaran 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 accept the surrender of the petitioner before the Special Court for SC/ST (Prevention of Atrocities) Act i.e The I Additional District and Sessions Judge at Thanjavur, in connection with the Crime No.237 of 2022 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 Special Court for https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD) No.7848 of 2022 SC/ST (Prevention of Atrocities) Act i.e The I Additional District and Sessions Judge at Thanjavur, to consider the petitioner's bail application, preferably on the same day of his surrender in connection with Crime No.237 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(CRL SIDE) // True Copy // 28/04/2022 Sub Assistant Registrar(CS) mga To 1.The I Additional District and Sessions Judge/ Special Court for SC/ST (Prevention of Atrocities) Act, Thanjavur.

2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Papanasam Sub Division, Thanjavur District.

3.The Inspector of Police, Ammapettai Police Station, Thanjavur District.

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

Order made in CRL.O.P (MD) No.7848 of 2022 27.04.2022 ARK(CO) TR(28.04.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2