Madras High CourtCRL OP(MD)/10329/2022allowed

Annam N.Naveen @ N.Naveen v. The Deputy Superintendent Of Police

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

Crl.O.P.(MD) No.10329 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.10329 of 2022 Annam N.Naveen @ N.Naveen ... Petitioner/Sole Accused Vs 1.The Deputy Superintendent of Police, Karur Town Division, Karur District.

2.The Inspector of Police, All Women's Police Station, Karur, Karur District.

3.K.Selvamani @ Sneha ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the learned District Sessions Judge cum Special Court for SC & ST Act Cases (PCR Court), Karur to consider the bail petition on the same day of surrender filed by the petitioner in Crime No.25 of 2022 on the file of the 2nd respondent under Sections 376, 417, 420 and 506(i) of IPC r/w Section 3 (1) (x) of the Scheduled Caste and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015.

For Petitioner : Mr.S.Gokulraj 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 the learned District Sessions Judge cum Special Court for SC & ST Act Cases (PCR Court), Karur to consider the petitioner's bail application in Crime No.25 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 District Sessions Judge cum Special Court for SC & ST Act Cases (PCR Court), Karur to consider the petitioner's bail application, preferably on the same day of his surrender in connection with Crime No.25 of 2022 on the https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD) No.10329 of 2022 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 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 favorably. 4.With the above direction, this Criminal Original Petition is allowed.

Sd/- Assistant Registrar (CS II) // True Copy // / /2022 Sub Assistant Registrar(CS) mm To 1.The District Sessions Judge cum Special Court for SC & ST Act Cases, (PCR Court), Karur.

2.The Deputy Superintendent of Police, Karur Town Division, Karur District.

3.The Inspector of Police, All Women's Police Station, Karur, Karur District.

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

+1 CC to M/s.S.PRABHA, Advocate ( SR-25292[F] dated 13/06/2022 ) CRL.O.P (MD) No.10329 of 2022 13.06.2022 MGJ(21.06.2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2