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Madras High CourtCRL OP(MD)/8637/2022ordered

Chandrasekar @ Sankar v. The Deputy Superintendent Of Police

2022-05-06Honourable Mr Justice M.S. Ramesh2 pages

Crl.O.P(MD)No.8637 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.05.2022

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH Crl.O.P.(MD)No.8637 of 2022 Chandrasekar @ Sankar ... Petitioner -Vs1.The Deputy Superintendent of Police, Thuraiyur, Trichy District.

2.The State represented by The Inspector of Police, Thuraiyur Police Station, Trichy District.

(In Crime No.118 of 2022) 3.Muthumani 4.Subash

...Respondents

PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to pass an order permitting the petitioner to surrender before the learned I Additional District Judge, Special Court for PCR Act cases, Trichy in Crime No.118 of 2022 and file an application for the grant of bail on the same day and in the event of filing the same, the said application may be directed to be considered on the same day on merits and in accordance with law forthwith.

For Petitioner : Mr.B.Viswanathan For R1 & R2 : Mr.M.Muthumanikkam Government Advocate (Crl. Side)

ORDER

This petition is filed for a direction to the learned I Additional District Judge, Special Court for PCR Act cases, Trichy, to consider the bail petition of the petitioner on the same day of surrender and dispose the same on merits and in accordance with law in Crime No.118 of 2022 on the file of the 2nd respondent. 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 I Additional District Judge, Special Court for PCR Act cases, Trichy, to consider the petitioner's bail application, preferably on the same day of his surrender in connection with Crime No.118 of 2022 on the file of the 2nd https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.8637 of 2022 respondent and pass appropriate orders in accordance with law, after affording due opportunity to the victim/victims under Section 15(a) of the SC/ST Act. The petitioner shall surrender before the concerned jurisdictional Court within a period of fifteen (15) 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/- Vacation Officer () // True Copy // / /2022 Sub Assistant Registrar(CS) To 1.The I Additional District Judge, Special Court for PCR Act cases, Trichy.

2.The Deputy Superintendent of Police, Thuraiyur, Trichy District.

3.The Inspector of Police, Thuraiyur Police Station, Trichy District.

Copy to The Additional Public prosecutor, Madurai Bench of Madras High Court, Madurai Crl.O.P.(MD)No.8637 of 2022 06.05.2022 SJ(CO) KB(13.05.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2