Madras High CourtCRL OP(MD)/6671/2024disposed of

Sabarikrishnan v. The Deputy Superintendent Of Police

2024-05-22Honourable Mrs Justice S.Srimathy5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.05.2024

CORAM

THE HONOURABLE MRS. JUSTICE S. SRIMATHY 1.Sabarikrishnan 2.Veeramani 3.Arul @ Arulnathan 4.Krishnan @ Ramakrishnan 5.Karuppaiyan 6.Ramamoorthy 7.Srikanth ... Petitioners Vs.

1.The Deputy Superintendent of Police, Orathanadu, 2.The Inspector of Police, Vattathikottai Police Station, (Cr.No.110 of 2024) 3.Bharathi Dhasan

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the 1st Additional District and Sessions Judge (PCR), Thanjavur, to consider and dispose the petitioners' bail application on 1/5

merits on the same date of surrender in connection with Crime No.110 of 2024 on the file of the Inspector of Police, Vattathikottai Police Station, For Petitioners : Mr.K.Mahendran For R1 and R2 : Mr.M.Sakthi Kumar Government Advocate (Crl.side)

ORDER

This petition has been filed seeking for a direction to the 1st Additional District and Sessions Judge (PCR), Thanjavur, to consider and dispose of the petitioners' bail applications on the same day of their surrender in respect of Crime No.110 of 2024 on the file of the second respondent.

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 1st Additional District and Sessions Judge (PCR), Thanjavur, to consider the petitioners' bail applications, preferably on the 2/5

same day of their surrender in connection with Crime No.110 of 2024 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, the Criminal Original Petition stands disposed of.

22.05.2024 NCC:Yes/No Index:Yes/No VSD 3/5

To 1.The 1st Additional District and Sessions Judge (PCR), Thanjavur.

2.The Deputy Superintendent of Police, Orathanadu, 3.The Inspector of Police, Vattathikottai Police Station, 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court.

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S.SRIMATHY, J.

VSD 22.05.2024 5/5