Madras High CourtCRL OP(MD)/8634/2022ordered

Kanagaraj v. The Deputy Superintendent Of Police

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

Crl.O.P.(MD) No.8634 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.8634 of 2022 1.Kanagaraj 2.Senthilkumar ... Petitioners Vs 1.The Deputy Superintendent of Police, Thuraiyur, Trichy District.

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

Crime No.118 of 2022.

3.Muthumani ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to permit the petitioners 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 Petitioners : Mr.M.Sivakumar For R1 and R2 : Mr.M.Muthumanikkam Government Advocate (Crl. side)

O R D E R

This petition is filed seeking for a direction to direct the learned I Additional District Judge, Special Court for PCR Act Cases, Trichy, to consider the bail petition of the petitioners 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 petitioners' bail application, preferably on the same day of their surrender in connection with Crime No.118 of 2022 on the file of the 2nd respondent and pass appropriate orders in accordance with https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD) No.8634 of 2022 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/- Vacation Officer() // True Copy // / /2022 Sub Assistant Registrar(CS) sji/RR 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.

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

CRL.O.P (MD) No.8634 of 2022 06.05.2022 SJ(CO) KB(13.05.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2