Madras High CourtCRL OP(MD)/9067/2022ordered

Murugan v. The Deputy Superintendent Of Police

2022-05-11Honourable Mr Justice M.Dhandapani3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.05.2022

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI 1.Murugan 2.Prasath 3.Sakthi @ Sathiyaraj 4.Parimalam 5.Saravanan 6.Basupathi @ Bhasuvathi 7.Jaisankar ... Petitioners/Accused Nos.1 to 7 Vs 1.The Deputy Superintendent of Police, Alangudi, Pudukottai District.

2.The State through The Inspector of Police, Vadakadu Police Station, Pudukottai District.

Crime No.66 of 2022.

...1st & 2nd Respondents/Complainants 3.Arunkumar ...3rd Respondent/Defacto Complainant 4.Vimalraj 5.Anishkumar ... Respondents 4 & 5/Victims PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the learned Special District and Sessions Court (PCR Court), Pudukottai, to consider the bail application of the petitioner on the same day on merits and in accordance with law in respect of the Crime No.66 of 2022, on the file of the respondent police.

For Petitioners : Mr.A.V.Arun For R1 and R2 : Mr.K.Sanjai Gandhi Government Advocate (Crl. side) 1/3

O R D E R

This petition is filed seeking for a direction to direct the learned Special District and Sessions Court (PCR Court), Pudukottai, to consider the bail application of the petitioners on the same day, in respect of the Crime No.66 of 2022, on the file of the 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 Special District and Sessions Court (PCR Court), Pudukottai, to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Crime No.66 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 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/- Assistant Registrar (CS-I) // True Copy // 12/05/2022 Sub Assistant Registrar(CS) lr To 1.The Deputy Superintendent of Police, Alangudi, Pudukottai District.

2.The Inspector of Police, Vadakadu Police Station, Pudukottai District.

2/3

Copy to 1.The Special District and Sessions Court (PCR Court), Pudukottai.

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

11.05.2022 RK(12/05/2022) 3P 5C 3/3