Madras High CourtCRL OP(MD)/10013/2022allowed

G.Ramasamy v. The Deputy Superintendent Of Poilice

2022-06-08Honourable Mr Justice V.Sivagnanam2 pages

Crl.O.P.(MD) No.10013 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.06.2022

CORAM

THE HONOURABLE MR. JUSTICE V.SIVAGNANAM CRL.O.P (MD) No.10013 of 2022

1. G.Ramasamy

2. S. Thiruppathi

3. S. Ajay ... Petitioners/Accused No.2,3 & 8 Vs

1. The Deputy Superintendent Of Poilice, O/o. Nilakottai Sub Division, Batlagundu Police Station, Dindigul District (Crime No. 191 of 2022).

2. The Inspector of Police, Batlagundu Police Station, Dindigul District.

(Crime No. 191 of 2022).

... Respondents/Complainants

3. A. Suriya ... Respondent/Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the learned Sessions Judge (Special Court for SC and ST Prevention of Atrocities) Act, 1989 Dindigul to accept the surrender of the petitioners/accused no. 2,3 and 8 to consider their bail applications and grant bail on the date of surrender itself in Crime No.191 of 2022 dated 19/05/2022 For Petitioner : Mr.Karthik Kumar.A Advocate.

For Respondent : Mr.A.Albert James, Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed for a direction, to direct the learned Sessions Judge (Special Court for SC and ST Prevention of Atrocities) Act, 1989 Dindigul to accept the surrender of the petitioners/accused no. 2,3 and 8 to consider their bail applications and grant bail on the same day.

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 Sessions Judge (Special Court for SC and ST Prevention of Atrocities) Act, 1989 https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD) No.10013 of 2022 Dindigul, to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Crime No. 191 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 (CO) // True Copy // 09/06/2022 Sub Assistant Registrar(CS) PNM To 1.The Sessions Judge, (Special Court for SC and ST Prevention of Atrocities) Act, 1989, Dindigul

2. The Deputy Superintendent Of Poilice, O/o. Nilakottai Sub Division, Batlagundu Police Station, Dindigul District

3. The Inspector of Police, Batlagundu Police Station, Dindigul District.

(Crime No. 191 of 2022).

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

+1 CC to M/s.A.KARTHICK KUMAR, Advocate ( SR-24659[F] dated 08/06/2022 ) CRL.O.P (MD) No.10013 of 2022 08.06.2022 MGJ(09.06.2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2