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Madras High CourtCRL OP(MD)/9931/2022allowed

Kathir @ Kathirvel v. The Deputy Superintendent Of Police

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

Crl.O.P.(MD) No.9931 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.9931 of 2022

1. Kathir @ Kathirvel

2. Seenivasan

3. Balaji @ Balasubramanian

4. Prabhu ... Petitioners/Accused 1 to 4 Vs

1. The Deputy Superintendent Of Police, Musiri, Trichy District..

2. The Inspector of Police, Thottiyam Police Station, Trichy District.

Crime No.117 of 2022..

... 1st & 2nd Respondents / Complainant

3. Sarathkumar ... 3rd Respondent/Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the learned Judge, I-Additional District Court cum PCR Court, Trichy to consider the bail application of the Petitioners concerned in Cr.No.117 of 2022 on the file of the Inspector of Polilce,Thottiyam Police Station,Trichy District/the 2nd Respondent.

For Petitioners : Ms. R.Yamuna For Respondents : Mr.A.Albert James (R1&R2) Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed for a direction, directing the learned Judge, I-Additional District Court cum PCR Court, Trichy to consider the bail application of the Petitioners concerned in Cr.No.117 of 2022 on the file of the Inspector of Polilce,Thottiyam Police Station,Trichy District/the 2nd Respondent. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD) No.9931 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, IAdditional District Court cum PCR Court, Trichy, to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Crime No. 177 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(AS) // True Copy // / /2022 Sub Assistant Registrar(CS) PNM To 1.The Judge, I-Additional District Court cum PCR Court, Trichy.

2. The Deputy Superintendent Of Police, Musiri, Trichy District..

3. The Inspector of Police, Thottiyam Police Station, Trichy District.

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

ORDER IN CRL.O.P (MD) No.9931 of 2022 10.06.2022 ma(CO) TR(13.06.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2