Madras High CourtCRL OP(MD)/8337/2022disposed of

Ananth Kumar v. The Inspector Of Police

2022-04-29Honourable Mr Justice G.K. Ilanthiraiyan2 pages

CRL.O.P(MD) No.8337 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.04.2022

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CRL.O.P(MD) No.8337 of 2022 1.Ananth Kumar 2.Rajeshkannan ... Petitioners/Accused Nos.1 & 2 Vs The State represented by The Inspector of Police, Ulagampatti Police Station, Sivagangai District.

(Crime No.22 of 2022) ... Respondent/Complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, to direct the learned Special Court for PCR Cases, Sivagangai District to consider the petitioners' Bail Application on his surrender on the same day in Crime No.22 of 2022 on the file of the respondent Police.

For Petitioners : Mr.T.Antony Arul Raj For Respondent : Mr.R.M.Anbunithi Additional Public Prosecutor (Criminal Side)

O R D E R

This Criminal Original Petition has been filed to direct the learned Special Court for PCR Cases, Sivagangai District, to consider the petitioners' Bail Application on his surrender on the same day in Crime No.22 of 2022 on the file of the 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 PCR Cases, Sivagangai District, to consider the petitioners' bail application, preferably on the same day of his surrender in connection with Crime No.22 of 2022 on the file of the 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.

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CRL.O.P(MD) No.8337 of 2022

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 (CS-III) // True Copy // / /2022 Sub Assistant Registrar(CS) mga To 1.The Judge, The Special Court for PCR Cases, Sivagangai District.

2.The Inspector of Police, Ulagampatti Police Station, Sivagangai District.

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

Order made in CRL.O.P (MD) No.8337 of 2022 29.04.2022 ma(CO) GC(29.04.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2