Madras High CourtCRL OP(MD)/8449/2022disposed of

Pitchai Udayar v. The Deputy Superintendent Of Police

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

CRL.O.P(MD) No.8449 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.8449 of 2022 1.Pitchai Udayar 2.Senthamil Selvan 3.Anbuselvan ... Petitioners/ Accused Nos.1 to 3 Vs

1. The Deputy Superintendent of Police, Devakottai, Sivagangai District.

... 1st Respondent/ Investigation Officer

2. The State represented by The Inspector of Police, Thiruvegampet Police Station, Sivagangai District.

(Crime No.10 of 2019) ... 2nd Respondent/ Complainant 3.Ganesan ... 3rd Respondent/ Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, to direct the learned Additional District Court (PCR Court), Sivagangai District, to consider the bail application of these petitioners / Accused Nos.1 to 3 in Crime No.10 of 2019 pending on the file of the respondents 1 and 2 on the same day of their surrender.

For Petitioners : Mr.R.Raja Mohan For Respondent : Mr.R.M.Anbunithi Nos.1 and 2 Additional Public Prosecutor (Crl Side)

O R D E R

This Criminal Original Petition has been filed to direct the learned Additional District Court (PCR Court), Sivagangai District, to consider the bail application of these petitioners / Accused Nos.1 to 3 in Crime No.10 of 2019 pending on the file of the respondents 1 and 2 on the same day of their 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 https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL.O.P(MD) No.8449 of 2022 persons, there shall be a direction to the learned Additional District Court (PCR Court), Sivagangai District, to consider the petitioners' bail application, preferably on the same day of his surrender in connection with Crime No.10 of 2019 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 (CS-III) // True Copy // 29/04/2022 Sub Assistant Registrar(CS) mga To

1. The Additional District Court (PCR Court), Sivagangai District.

2. The Deputy Superintendent of Police, Devakottai, Sivagangai District.

3. The Inspector of Police, Thiruvegampet Police Station, Sivagangai District.

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

+1 CC to M/s.R.RAJA MOHAN, Advocate (SR-22708[F] dated 29/04/2022) Order made in CRL.O.P (MD) No.8449 of 2022 29.04.2022 USK/29.04.2022/2P/6C https://hcservices.ecourts.gov.in/hcservices/ 2/2