Madras High CourtCRL OP(MD)/9099/2022ordered

Jesuraj v. The Assistant Commissioner Of Police

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

Crl.O.P.(MD) No.9099 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. 9099 of 2022 1.Jesuraj 2.Ravivarman ... Petitioners/Accused Vs 1.The State Rep. by The Assistant Commissioner of Police, Tiruchirappalli City.

2.The Inspector of Police, Contonment Police Station, Tiruchirappalli City.

Crime No.696.

... Respondents 1 & 2/ Complainants 3.S.Marimuthu ... 3rd Respondent/ Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the learned I Additional District and Sessions Judge (PCR), Tiruchirappalli to consider the bail application to be filed by the petitioners in Crime No.696 of 2022, pending investigation on the file of the Assistant Commissioner of Police, Contonment, Tiruchirapalli City on the same day of their surrender.

For Petitioners : Mr.D.Venkatachalam 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 I Additional District and Sessions Judge (PCR), Tiruchirappalli to consider the bail application to be filed by the petitioners in Crime No.696 of 2022, pending investigation on the file of the Assistant Commissioner of Police, Contonment, Tiruchirapalli City on the same day of their surrender. 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 and Sessions Judge (PCR), Tiruchirappalli, to consider the https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD) No.9099 of 2022 petitioners' bail application, preferably on the same day of their surrender in connection with Crime No. 696 of 2022 on the file of the first 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 (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/- Vacation Officer // True Copy // 12/05/2022 Sub Assistant Registrar(CS) lr To 1.The I Additional District and Sessions Judge (PCR), Tiruchirappalli.

2.The Assistant Commissioner of Police, Tiruchirappalli City.

3.The Inspector of Police, Contonment Police Station, Tiruchirappalli City.

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

+1 CC to M/s.D. VENKATACHALAM, Advocate ( SR-23665[F] dated 12/05/2022 ) CRL.O.P (MD) No. 9099 of 2022 11.05.2022 MGJ(12.05.2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2