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Madras High CourtCRL OP(MD)/10023/2022allowed

Murugan @ Muruganantham v. The Deputy Superintendent Of Police

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

Crl.O.P.(MD) No.10023 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.10023 of 2022

1. Murugan @ Muruganantham

2. Karnan

3. Thiruppathi ... Petitioners/Accused 1 to 3 Vs

1. The Deputy Superintendent Of Police, Kalaiyarkovil, Sivagangai District.

2. The Inspector of Police, Kalaiyarkovil Police Station, Sivagangai District.

Cr.No.151/2022.

... Respondent 1 & 2/Complainant 3.Saravanan ... 3rd Respondent/ Defacto Complainant 4.Kalailingam ... 4th Respondent/Victim PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the learned Special Court for PCR Act cases, Sivagangai to accept the surrender and consider the bail petition to be filed by the petitioner in Cr.No.151/2022 on the file of the R2 police on the same day on merits.

For Petitioner : Mr. Ezhilarasu. C 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 PCR Act cases, Sivagangai to accept the surrender and consider the bail petition to be filed by the petitioners in Cr.No.151 of 2022, on the file of the second respondent police, on the same day on merits.

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, https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD) No.10023 of 2022 Special Court for PCR Act cases, Sivagangai, to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Crime No. 151 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 PCR Act cases, Sivagangai.

2. The Deputy Superintendent Of Police, Kalaiyarkovil, Sivagangai District.

3. The Inspector of Police, Kalaiyarkovil Police Station, Sivagangai District.

Cr.No.151/2022.

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

+1 CC to M/s.C.EZHILARASU, Advocate ( SR-24526[F] dated 08/06/2022 ) CRL.O.P (MD) No.10023 of 2022 08.06.2022 MGJ(09.06.2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2