← Library
Madras High CourtCRL OP(MD)/9195/2022ordered

K.Sakthivel v. The Deputy Superintendent Of Police

2022-05-19Honourable Mr Justice V.Sivagnanam2 pages

CRL.O.P (MD) No.9195 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.05.2022

CORAM

THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI CRL.O.P (MD) No.9195 of 2022 K.Sakthivel ... Petitioner/Accused No.2 Vs 1.The State represented by The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Vedasandur, Dindigul District, 2.The State represented by The Sub Inspector of Police, Eriodu Police Station, Dindigul District.

... Respondents 1 to 2/Complainant 3.Sathishkumar ... Respondent/Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the learned Additional Sessions Judge cum Special Judge, PCR Court, Dindigul to pass an order on bail petition filed by the petitioner on the same day of surrender in Crime No.98 of 2022, on the file of the Sub Inspector of Police, Eriodu Police Station, Dindigul District.

For Petitioner : Mr.R.Senthil Kumar For Respondents : Mr.M.Sakthi Kumar Government Advocate

O R D E R

This petition has been filed for a direction to direct learned Additional Sessions Judge cum Special Judge, PCR Court, Dindigul to pass an order on bail petition filed by the petitioner on the same day of surrender in Crime No.98 of 2022, on the file of the Sub Inspector of Police, Eriodu Police Station, Dindigul District.

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 Additional Sessions Judge cum Special Judge, PCR Court, Dindigul, to consider the petitioner's bail application, preferably on the same day of his surrender in connection with Crime No. 98 of 2022 on the file of the 2nd respondent and pass appropriate orders in accordance with law https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL.O.P (MD) No.9195 of 2022 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. 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 petitioner and pass orders. Mere direction issued by this Court to consider the bail petition on the same day does not amount to consider it favourably.

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

Sd/- Vacation Officer/ Assistant Registrar (RTI) // True Copy // 20/05/2022 Sub Assistant Registrar(CS) lr To 1.The Additional Sessions Judge cum Special Judge, PCR Court, Dindigul 2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Vedasandur, Dindigul District, 3.The Sub Inspector of Police, Eriodu Police Station, Dindigul District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1 CC to M/s.R.SENTHILKUMAR, Advocate (SR-23773[F] dated 19/05/2022) Order made in CRL.O.P (MD) No.9195 of 2022 19.05.2022 NSN(CO) GC(20.05.2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2