Madras High CourtCRL OP(MD)/8159/2022disposed of

Sekar @ Chandrasekar v. The Deputy Superintendent Of Police

2022-04-28Honourable Mrs Justice T.V.Thamilselvi2 pages

CRL.O.P(MD) No.8159 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.8159 of 2022 1.Sekar @ Chandrasekar 2.Divya @ Preetha 3.Ajith @ Ajith Kumar ... Petitioners Vs 1.The Deputy Superintendent of Police, Karur Division, Karur District.

2.The Sub-Inspector of Police, Thanthonimalai Police Station, Karur District.

3.Pramiladevi ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, to direct the learned Sessions Judge (PCR Court), Karur to consider the bail petition on the same day filed by the petitioners in Crime No.209 of 2022 on the file of the second respondent for the offence under Sections 294(b), 324, 506(ii) IPC read with Sections 3 (1)(r), 3(1)(s), 3(2)(va) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015. For Petitioners : Mr.S.Gokulraj 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 Sessions Judge (PCR Court), Karur, to consider the bail petition on the same day filed by the petitioners in Crime No.209 of 2022 on the file of the second respondent for the offence under Sections 294(b), 324, 506(ii) IPC read with Sections 3(1)(r), 3(1) (s), 3(2)(va) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) 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.8159 of 2022 misusing the pious intention of the Parliament against innocent persons, there shall be a direction to the learned Sessions Judge (PCR Court), Karur, to consider the bail petition on the same day filed by the petitioners in Crime No to consider the petitioners' bail application, preferably on the same day of his surrender in connection with Crime No.209 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 (AD-II) // True Copy // / /2022 Sub Assistant Registrar(CS) mga To 1.The Sessions Judge (PCR Court), Karur.

2.The Deputy Superintendent of Police, Karur Division, Karur District.

3.The Sub-Inspector of Police, Thanthonimalai Police Station, Karur District.

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

+1 CC to M/s.S.GOKUL RAJ, Advocate ( SR-22133[F] dated 28/04/2022 ) Order made in CRL.O.P (MD) No.8159 of 2022 28.04.2022 KS(CO) GC(29.04.2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2