Madras High CourtCRL OP(MD)/9044/2022ordered

Praveen v. The Deputy Superintendent Of Police

2022-05-11Honourable Mr Justice M.Dhandapani2 pages

CRL.O.P (MD) No. 9044 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.05.2022

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI CRL.O.P (MD) No. 9044 of 2022 Praveen ... Petitioner/ Accuused No.4 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.

... Respondent/ Complainant 3.Muthumani ... 3rd Respondent/ Defacto Complainant 4.Subash 5.Nagaraj ... Respondents 4& 5/ Victim 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 Petitioner : Mr.M.Sivakumar For R1 and R2 : Mr.K.Sanjai Gandhi Government Advocate (Crl. side)

O R D E R

This petition is filed seeking for a direction 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.

2.In view of the specific bar under Section 18 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL.O.P (MD) No. 9044 of 2022 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 respondent police 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.While disposing the bail petition, the Court below shall look into the gravity of the offence, previous antecedents of the petitioner and pass orders after affording appropriate opportunity to the learned Government Advocate (Crl. side). Mere direction issued by this Court to consider the bail petition on the same day shall not amount to a direction to the court below to consider the petition favourably.

4. With the above direction, the Criminal Original Petition stands disposed of.

Sd/- Assistant Registrar (Vacation Officer) // True Copy // 12/05/2022 Sub Assistant Registrar(CS) lr 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. +1 CC to M/s.M. JEGADEESHPANDIAN, Advocate ( SR-23689[F] dated 12/05/2022 ) CRL.O.P (MD) No. 9044 of 2022 11.05.2022 RD(12.05.2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2