Madras High CourtCRL OP(MD)/9926/2022allowed

K. Saravanan v. The Deputy Superintendent Of Police

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

CRL.O.P (MD) No.9926 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.9926 of 2022 K.Saravanan ... Petitioner/Sole Accused Vs

1. The Deputy Superintendent Of Police, Srivilliputhur Office of Deputy Superintendent of Police, Virudhunagar District.

2. The Inspector of Police, Srivilliputhur Town Police Station, Virudhunagar District.

Crime No.230 of 2022.

... Respondents/Complainant

3. Saraswathi ... Respondent/Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the learned Judge, Special Court for exclusive trial of SC/ST Cases,Srivilliputhur,Virudhunagar to accept the surrender of the Petitioner and consider his bail application on the same day on merits in relating to Cr.No.230 of 2022.

For Petitioner : Mr.I.Velpradeep, Advocate.

For Respondents : Mr.A.Albert James (R1&R2) Government Advocate (Crl.Side) Mr.A.John Vincent (R3)

O R D E R

This Criminal Original Petition has been filed for a direction, to direct the learned Judge, Special Court for exclusive trial of SC/ST Cases,Srivilliputhur,Virudhunagar to accept the surrender of the Petitioner and consider his bail application on the same day on merits in relating to Cr.No.230 of 2022.

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 Judge, Special Court for exclusive trial of SC/ST Cases, Srivilliputhur, Virudhunagar, to consider the petitioner's bail application, https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL.O.P (MD) No.9926 of 2022 preferably on the same day of his surrender in connection with Crime No. 230 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 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, this Criminal Original Petition is allowed.

Sd/- Assistant Registrar (CRL.SIDE) // True Copy // 13/06/2022 Sub Assistant Registrar(CS) PNM To

1. The Judge, Special Court for exclusive trial of SC/ST Cases, Srivilliputhur, Virudhunagar

2. The Deputy Superintendent Of Police, Srivilliputhur Office of Deputy Superintendent of Police, Virudhunagar District.

3. The Inspector of Police, Srivilliputhur Town Police Station, Virudhunagar District.

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

+1 CC to M/s.I.VELPRADEEP, Advocate (SR-25198[F] dated 10/06/2022) ORDER IN CRL.O.P (MD) No.9926 of 2022 10.06.2022 USK/13.06.2022/2P/6C https://hcservices.ecourts.gov.in/hcservices/ 2/2