Madras High CourtCRL OP(MD)/10250/2022allowed

Petchipandi v. The Deputy Superintendent Of Police

2022-06-10Honourable Mr Justice V.Sivagnanam2 pages

CRL.O.P (MD) No.10250 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.06.2022

CORAM

THE HONOURABLE MR. JUSTICE V.SIVAGNANAM CRL.O.P (MD) No.10250 of 2022 Petchipandi ... Petitioner/Accused No.1 Vs

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

2. The State Represented through, The Sub-Inspector of Police, Sivagiri Police Station, Tenkasi District.

(Crime No.187 of 2022) ...Respondents 1 & 2/Complainants

3. Rajammal

...Respondent No.3/Defacto Complainant

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the District and Sessions Court (PCR), Thirunelveli to consider the petitioner's bail application on the date of his surrender in respect of Crime No. 187 of 2022 on the file of the respondents police and grant the same on the very same day.

For Petitioner : Mr.V.Palpandi For Respondents : Mr.A.Albert James, 1 & 2 Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed for a direction, to direct the District and Sessions Court (PCR), Thirunelveli to consider the petitioner's bail application on the date of his surrender in respect of Crime No. 187 of 2022 on the file of the respondents police and grant the same on the very 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 District and Sessions Court (PCR), Thirunelveli, to consider the petitioner's bail application, preferably on the same day of his surrender in connection with Crime No. 187 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 https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL.O.P (MD) No.10250 of 2022 the SC/ST Act. The petitioner 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 petitioner 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 (AS) // True Copy // / /2022 Sub Assistant Registrar(CS) ebsi To

1. The District and Sessions Judge (PCR), Thirunelveli.

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

3. The Sub-Inspector of Police, Sivagiri Police Station, Tenkasi District.

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

+1cc to MR.V.PALPANDI, Advocate, SR.No. 25697 DATED:14.06.2022 ORDER IN CRL.O.P (MD) No.10250 of 2022 10.06.2022 ma(CO) GC(13.06.2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2