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Madras High CourtCRL OP(MD)/10392/2022allowed

Sathesh v. The Deputy Superintendent Of Police

2022-06-13Honourable Mr Justice V.Sivagnanam2 pages

Crl.O.P.(MD) No.10392 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.06.2022

CORAM

THE HONOURABLE MR. JUSTICE V.SIVAGNANAM CRL.O.P (MD) No.10392 of 2022

1. Sathesh 2.Kali @ Santhi

...Petitioners/Accused 1 & 2

Vs

1. State represented by The Deputy Superintendent of Police, Alangulam Division, Tenkasi District.

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

Crime No.141 of 2022

...Respondent/Complainant

3. Alagu ...3rd Respondent/Complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the learned II Additional District and Sessions Judge (PCR Court), Tirunelveli to accept the surrender of the petitioners and consider the bail application to be filed by the petitioners on the same day on merits in Crime No.141 of 2022 on the file of the 2nd respondent.

For Petitioners :

Mr.V.Sasi Kumar For Respondents 1 & 2 :

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 and Sessions Judge (PCR Court), Tirunelveli to consider the petitioners' bail application on the same day of their surrender in Crime No.141 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 and Sessions Judge (PCR Court), Tirunelveli, to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Crime No.141 of 2022 on the file of the second respondent and pass appropriate orders, in accordance https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD) No.10392 of 2022 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 favorably. 4.With the above direction, this Criminal Original Petition is allowed.

Sd/- Assistant Registrar(CS-I) // True Copy // / /2022 Sub Assistant Registrar(CS) mm To 1.The II Additional District and Sessions Judge (PCR Court), Tirunelveli.

2.The Deputy Superintendent of Police, Alangulam Division, Tenkasi District.

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

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

+1 CC to M/s.VISASI KUMAR, Advocate ( SR-25341[F] dated 13/06/2022 ) CRL.O.P (MD) No.10392 of 2022 13.06.2022 NSN(CO) KB(21.06.2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2