Rajesh v. Deputy Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.04.2023

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN

1. Rajesh

2. Karthick ... Petitioners/Accused Nos.2 & 3 Vs.

1. The Deputy Superintendent of Police, DSP Office, Melur, Madurai.

...1st Respondent/Complainant 2.The Inspector of Police, Kottampatti Police Station, Madurai District.

... 2nd Respondent/ Complainant

3. Veeraiah ... Respondent No.3/Defacto Complainant PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to consider the bail application of the petitioner on merits in accordance with law on the same day in connection with Crime No.116 of 2023, dated 04.04.2023, on the file of the respondents by the III Additional District Court (PCR) at Madurai within a stipulated time that may fixed by this Court. 1/6

For Petitioners : Mr. Gunasekara Pandiyan.K For R1 & R2 : Mr.B.Nambiselvan Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed, invoking Section 482 Cr.P.C., seeking orders to consider the bail application of the petitioner on merits in accordance with law on the same day in connection with Crime No.116 of 2023, dated 04.04.2023, on the file of the respondents by the III Additional District Court (PCR) at Madurai within a stipulated time that may fixed by this Court.

2. The petitioners are the accused for the offences punishable under Sections 147, 148, 294(b), 447, 427, 506(ii) IPC and Sections 3(l) (r), 3(l)(s) and 3(2)(va) of SC/ST (Prevention of Atrocities) Amendment Act, 2015 in Crime No.116 of 2023, pending on the file of the second respondent police and apprehending arrest, they have filed the present petition.

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3. Heard the learned counsel appearing for the petitioners, the learned Government Advocate (Criminal Side) appearing for the respondents 1 and 2 and perused the materials available on record.

4. The learned Government Advocate (Criminal Side) appearing for the respondents 1 and 2 would submit that the first petitioner is having five previous cases, which are not similar in nature and injured has been discharged from the hospital.

5. 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 III Additional District Court (PCR) at Madurai, to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Crime No.116 of 2023 on the file of the second respondent police and pass appropriate orders, in accordance with law, after affording due opportunity to the victim under Section 15A(3) of the SC/ST Act. The petitioners shall surrender before the concerned jurisdictional Court, within a period of fifteen days, from the 3/6

date of the receipt of a copy of this order. Considering the fact that there is damage, that may be taken into account by the III Additional District Court (PCR) at Madurai, at that time of passing the order.

6. 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 favorably.

7. With the above direction, this Criminal Original Petition stands allowed.

13.04.2023 NCC :

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To 1.The III Additional District Judge (PCR Cases), Madurai.

2. The Deputy Superintendent of Police, DSP Office, Melur, Madurai.

3.The Inspector of Police, Kottampatti Police Station, Madurai District.

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

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G.ILANGOVAN, J.

Indu Order made in Dated: 13.04.2023 6/6