Madras High CourtCRL OP(MD)/10149/2022allowed

K.Balasubramanian v. The Deputy Superintendent Of Police

2022-06-09Honourable Mr Justice V.Sivagnanam2 pages

CRL.O.P (MD) No.10149 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.06.2022

CORAM

THE HONOURABLE MR. JUSTICE V.SIVAGNANAM CRL.O.P (MD) No.10149 of 2022 1.K.Balasubramanian 2.Karuthapandi 3.K.Perumal@Perumal Pandi ... Petitioners/Accused Nos.1 to 3 Vs.

1.The Deputy Superintendent of Police, Puliyankudi, Tenkasi District.

2.The Inspector of Police, Chokkampatti Police Station, Tenkasi District.

(Cr.No.135 of 2022) ...1st & 2nd Respondents/Complainants 3.Thirumalaiselvi ... 3rd Respondent/Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the II Additional District Sessions Judge Cum Special Court for PCR, Tirunelveli to accept the surrender of the petitioners and consider their bail application on the same day on merits in relating to Crime No.135 of 2022 on the file of the second respondent police.

For Petitioners : Mr.P.Balamurugan Advocate.

For R1 - R2 : 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 II Additional District Sessions Judge Cum Special Court for PCR, Tirunelveli, to consider the petitioners bail application on the same day of their surrender in Crime No. 135 of 2022 on the file of the second respondent police.

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 II Additional District Sessions Judge Cum Special Court for PCR, Tirunelveli, to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Crime No.135 of 2022 on https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL.O.P (MD) No.10149 of 2022 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 // 10/06/2022 Sub Assistant Registrar(CS) To 1.The II Additional District Sessions Judge Cum Special Court for PCR, Tirunelveli.

2.The Deputy Superintendent of Police, Puliyankudi, Tenkasi District.

3.The Inspector of Police, Chokkampatti Police Station, Tenkasi District.

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

+1 CC to M/s.P.BALAMURUGAN, Advocate (SR-24748[F] dated 09/06/2022) CRL.O.P (MD) No.10149 of 2022 09.06.2022 RS (10.06.2022) 2P-6C https://hcservices.ecourts.gov.in/hcservices/ 2/2