Madras High CourtCRL OP(MD)/8734/2022ordered

Karuppaiya v. The Deputy Superintendent Of Police

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

Crl.O.P.(MD) No.8734 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.8734 of 2022 Karuppaiya ... Petitioner/Accused No.1 Vs

1. The Deputy Superintendent of Police, Sattur Sub Division, Virudhunagar District.

2. The State Rep. by its Inspector of Police, Ammapatti Police Station, Virudhunagar District.

Crime No. 7 of 2022.

...Respondents 1 to

2/Complainant

3. Sudalai Ganesh ...3rd Respondents/Defacto Complainants PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the learned Sessions Judge, Special Court for Trial of SC/ST (POA) Act Cases, Srivilliputhur, Virudhunagar District to consider the petitioner's bail application on the same day, on his surrender, which would be filed by the petitioner in connection with Crime No.7 of 2022 pending on the file of the Inspector of Police, Ammapatti Police Station, Virudhunagar District.

For Petitioner : Mr.V.Uthayakumar For R1 and R2 : Mr.M.Muthumanikkam, Government Advocate (Crl.Side)

ORDER

This petition is filed for a direction to direct the learned Sessions Judge, Special Court for Trial of SC/ST (POA) Act Cases, Srivilliputhur, Virudhunagar District to consider the petitioner's bail application on the same day, on his surrender, which would be filed by the petitioner in connection with Crime No.7 of 2022, pending on the file of the 2nd 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 Sessions Judge, Special Court for Trial of SC/ST (POA) Act Cases, Srivilliputhur, https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD) No.8734 of 2022 Virudhunagar District, to consider the petitioner's bail application, preferably on the same day of his surrender in connection with Crime No. 7 of 2022 on the file of the 2nd 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 petitioner 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 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) Myr To 1.The Sessions Judge, Special Court for Trial of SC/ST (POA) Act Cases, Srivilliputhur, Virudhunagar District.

2. The Deputy Superintendent of Police, Sattur Sub Division, Virudhunagar District.

3. The Inspector of Police, Ammapatti Police Station, Virudhunagar District.

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

CRL.O.P (MD) No.8734 of 2022 06.05.2022 SJ(CO) KB(13.05.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2