Madras High CourtCRL OP(MD)/7909/2022disposed of

M. Karthick v. The Deputy Superintendent Of Police

2022-04-28Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD) No.7909 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.04.2022

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CRL.O.P(MD) No.7909 of 2022 M.Karthick ... Petitioner/ Sole Accused Vs 1.The Deputy Superintendent of Police, Madurai District, Madurai.

2.The Inspector of Police, Kadupatty Police Station, Madurai District.

... Respondent Nos.1 & 2/ Complainants 3.M.Abitha ... 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 and direct the learned III Additional District and Sessions (PCR) Court, Madurai, to consider the bail applications of the petitioners pertained to the Crime No.42 of 2022 on the file of the second respondent Police on the same day of surrender. For Petitioner :

Mr.K.Muthu Ganesa Pandian For Respondent :

Mr.R.M.Anbunithi Nos.1 and 2 Additional Public Prosecutor (Criminal Side)

O R D E R

This Criminal Original Petition has been filed to accept the surrender of the petitioner and direct the learned III Additional District and Sessions (PCR) Court, Madurai, to consider the bail application of the petitioner pertained to the Crime No.42 of 2022 on the file of the second respondent Police on the same day of 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 III Additional District and Sessions (PCR) Court, Madurai, to consider the petitioner's bail application, preferably on the same day of his https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD) No.7909 of 2022 surrender in connection with Crime No.42 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(AD-II) // True Copy // / /2022 Sub Assistant Registrar(CS) mga To 1.III Additional District and Sessions (PCR) Court, Madurai.

2.The Deputy Superintendent of Police, Madurai District, Madurai.

3.The Inspector of Police, Kadupatty Police Station, Madurai District.

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

+1 CC to M/s.K. MUTHUGANESA PANDIAN, Advocate ( SR-21941[F] dated 28/04/2022 ) Order made in CRL.O.P (MD) No.7909 of 2022 28.04.2022 ck(CO) TR(29.04.2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2