Madras High CourtCRL OP(MD)/9588/2022ordered

R.Tharanraj v. The Deputy Superintendent Of Police

2022-05-19Honourable Mrs Justice T.V.Thamilselvi2 pages

CRL.O.P (MD) No.9588 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.9588 of 2022

1. R.Tharanraj

2. R.Punniyakumar

3. B.Rathinakumar ... Petitioners/Accused No. 2 to 4 Vs

1. The Deputy Superintendent Of Police, DSP Office Thanjavur Town, Thanjavur District..

2. The Inspector of Police, Medical College Police Station, Thanjavur District.

(Crime No.279/2022).

3. R.Janaki, ... Respondents/Complainants PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the learned Ist Additional District and Sessions Judge Cum (PCR Court) Thanjavur to accept the surrender of the petitioners and to consider the petitioners' bail petition on the same day in accordance with law of their surrender in connection with Crime No.279 of 2022, on the file of the Inspector of Police Medicial College Police Station, Thanjavur District. For Petitioners : Mr.A.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 the learned Ist Additional District and Sessions Judge Cum (PCR Court) Thanjavur to accept the surrender of the petitioners and to consider the petitioners' bail petition on the same day of their surrender in connection with Crime No.279 of 2022, on the file of the Inspector of Police Medicial College Police Station, Thanjavur 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 Ist Additional District and Sessions Judge Cum (PCR Court) Thanjavur to consider the petitioners' bail application, preferably on the same day of https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL.O.P (MD) No.9588 of 2022 their surrender in connection with Crime No. 279 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. 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 petitioners 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 (CS-III) // True Copy // 20/05/2022 Sub Assistant Registrar(CS) lr To 1.The 1st Additional District and Sessions Judge Cum (PCR Court) Thanjavur.

2.The Deputy Superintendent Of Police, DSP Office Thanjavur Town, Thanjavur District..

3. The Inspector of Police, Medical College Police Station, Thanjavur District.

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

Order made in CRL.O.P (MD) No.9588 of 2022 19.05.2022 nsn(CO) GC(20.05.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2