Madras High CourtCRL OP(MD)/9021/2022ordered

M. Praveen Kumar v. The Deputy Superintendent Of Police

2022-05-11Honourable Mr Justice V.Sivagnanam2 pages

CRL.O.P (MD) No. 9021 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. 9021 of 2022 1.M.Praveen Kumar 2.M.Karan 3.Bottle Mani @ Manikandan ... Petitioners/Accused No.1,2&4 Vs

1. The Deputy Superintendent of Police, Ramanadhapuram District.

... 1st Respondent/ Investigation Officer

2. The Inspector of Police, Bazaar Police Station, Ramanathapuram District.

... 2nd Respondent/Complainant

3. Sankarapandian ... 3rd Respondent/Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the Special Court for SC/ST Act Cases (POA) Court, Ramanathapuram to consider the bail application of the petitioners in connection with the Crime No.170 of 2022 on the same date of surrender and dispose of the same on merits in accordance with law.

For Petitioners : Mr.C.Susikumar, 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 direct the learned Special Judge, Special Court for SC/ST Act Cases, Ramanadhapuram, 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.170 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 Special Judge, Special Court for SC/ST Act Cases, Ramanadhapuram, to consider the petitioners' bail application, preferably on the same day of their https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL.O.P (MD) No. 9021 of 2022 surrender in connection with Crime No.170 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 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.While disposing the bail petition, the Court below shall look into the gravity of the offence, previous antecedents of the petitioners and pass orders after affording appropriate opportunity to the learned Government Advocate (Criminal 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/- Vacation Officer/AR (CS-I) // True Copy // / /2022 Sub Assistant Registrar(CS) das/lr To

1. The Special Judge, Special Court for SC/ST Act Cases, Ramanadhapuram,

2. The Deputy Superintendent of Police, Ramanadhapuram District.

3. The Inspector of Police, Bazaar Police Station, Ramanathapuram District.

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

Order made in CRL.O.P (MD) No. 9021 of 2022 11.05.2022 USK/18.05.2022/2P/5C https://hcservices.ecourts.gov.in/hcservices/ 2/2