Madras High CourtCRL OP(MD)/9916/2022allowed

Anthony Selvaraj v. The Deputy Superintendent Of Police

2022-06-10Honourable Mr Justice V.Sivagnanam2 pages

CRL.O.P (MD) No.9916 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.06.2022

CORAM

THE HONOURABLE MR. JUSTICE V.SIVAGNANAM CRL.O.P (MD) No.9916 of 2022

1. Anthony Selvaraj

2. Kaaliyammal

3. Mariasoniya

4. Manikandan

5. Muthukumar ... Petitioners/Accused No 1 to 5 Vs

1. The Deputy Superintendent Of Police, Sattur, Virudhunagar District.

2. The Inspector of Police, Vembakkottai Police Station, Virudhunagar District.

(FIR No.176 of 2022.)

3. Balamurugan ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the learned Judge, Principal District Sessions Court/Special Court for SC/ST Cases, Srivlliputhur, Virudhunagar District to accept the surrender of the Petitioners and consider their bail applications on the same day on merits. For Petitioners : Mr.R. Murugappan Advocate.

For Respondents : Mr.A.Albert James (R1&R2) Government Advocate (Crl.Side) No Appearance (R3)

O R D E R

This Criminal Original Petition has been filed for a direction to direct the learned Judge, Principal District Sessions Court/Special Court for SC/ST Cases, Srivlliputhur, Virudhunagar District, to consider the petitioners bail application on the same day of their surrender in Crime No. 176 of 2022 on the file of the second 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 https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL.O.P (MD) No.9916 of 2022 persons, there shall be a direction to the learned Judge, Principal District Sessions Court/Special Court for SC/ST Cases, Srivlliputhur, Virudhunagar District, to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Crime No. 176 of 2022 on the file of the second 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, this Criminal Original Petition is allowed.

Sd/- Assistant Registrar (CS-III) // True Copy // 10/06/2022 Sub Assistant Registrar(CS-III) PNM To 1.The Judge, Principal District Sessions Court/Special Court for SC/ST Cases, Srivlliputhur,Virudhunagar District

2. The Deputy Superintendent Of Police, Sattur, Virudhunagar District.

3. The Inspector of Police, Vembakkottai Police Station, Virudhunagar District.

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

+1 CC to M/s.R.MURUGAPPAN, Advocate ( SR-25141[F] dated 10/06/2022 ) ORDER IN CRL.O.P (MD) No.9916 of 2022 10.06.2022 VR(CO) GC(10.06.2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2