Madras High CourtCRL OP(MD)/8081/2022disposed of

Vignesh v. The Deputy Superintendent Of Police

2022-04-28Honourable Mr Justice G.K. Ilanthiraiyan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.04.2022

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN 1.Vignesh 2.P.Chandrasekaran 3.G.Ramesh 4.K.Karuthapandi 5.M.Karuthapandi 6.Kaliraj 7.Ganesan

...Petitioners/

Accused Rank Not Known Vs 1.The Deputy Superintendent of Police, Puliyangudi, Thenkasi District.

2.The Inspector of Police, Sivagiri Police Station, Sivagiri, Thenkasi District.

... Respondent Nos.1 & 2/ Complainants 3.Kakkerajan ... Respondent No.3/ Defacto-Complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, to direct the learned II Additional District and Sessions Court (Special Court for Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989), Tirunelveli, to accept the surrender of the Petitioners / Accused (Rank Not Known) and to consider the bail application filed by the Petitioners/Accused and to grant bail to the petitioners on the date of the surrender itself in Crime No.555 of 2021 on the file of the second respondent Police. For Petitioners : Mr.P.Pethu Rajesh 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 direct the learned II Additional District and Sessions Court (Special Court for Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989), Tirunelveli, to accept the surrender of the Petitioners / 1/3

Accused (Rank Not Known) and to consider the bail application filed by the Petitioners/Accused and to grant bail to the petitioners on the date of the surrender itself in Crime No.555 of 2021 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 II Additional District and Sessions Court (Special Court for Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989), Tirunelveli, to consider the petitioners' bail application, preferably on the same day of his surrender in connection with Crime No.555 of 2021 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 (AD-II) // True Copy // / /2022 Sub Assistant Registrar(CS) mga To 1.The Judge The II Additional District and Sessions Court (Special Court for Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989), Tirunelveli.

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2.The Deputy Superintendent of Police, Puliyangudi, Thenkasi District.

3.The Inspector of Police, Sivagiri Police Station, Sivagiri, Thenkasi District.

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

+1 CC to M/s.P.PETHU RAJESH, Advocate ( SR-22220[F] dated 28/04/2022 ) Order made in CRL.O.P (MD) No.8081 of 2022 28.04.2022 ks(CO) GC(29.04.2022) 3P 6C 3/3