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Madras High CourtCRL OP(MD)/7121/2024allowed

Palanisamy v. The Deputy Superintendent Of Police

2024-05-15Honourable Mr Justice P.Vadamalai5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.05.2024

CORAM

THE HONOURABLE MR. JUSTICE P.VADAMALAI 1.Palanisamy 2.Parasuraman 3.Mageshwari 4.Mahadevi

...Petitioners

Vs.

1.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Papanasam Sub Division, Thanjavur District.

2.The Inspector of Police, All Women Police Station, Papanasam, Thanjavur District.

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to accept the surrender of the petitioners before the Special Court for SC/ST (Prevention of Atrocities) Act, ie., the 1st Additional District and Sessions Judge at Thanjavur in connection with the Cr.No.11 of 2024 on the file of the 2nd respondent police and to consider the bail application filed by the petitioners on the very same day. 1/5

For Petitioners : Mr.J.Sulthan Basha For Respondents : Mr.R.Suresh Kumar Government Advocate (Crl.side) ****

ORDER

This petition has been filed seeking for a direction to the learned 1st Additional District and Sessions Judge at Thanjavur, to consider and dispose of the petitioners' bail applications on the same day of their surrender in respect of Crime No.11 of 2024 on the file of the second respondent.

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 1st Additional District and Sessions Judge at Thanjavur to consider the petitioners' bail applications, preferably on the same day of their surrender in connection with Crime No.11 of 2024 on the file of the second respondent and pass appropriate orders in 2/5

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, the Criminal Original Petition stands disposed of.

15.05.2024 NCC :

Yes/No Index :

Yes/No cmr 3/5

To 1.The 1st Additional District and Sessions Judge at Thanjavur. 2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Papanasam Sub Division, Thanjavur District.

3.The Inspector of Police, All Women Police Station, Papanasam, Thanjavur District.

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

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P.VADAMALAI , J.

cmr 15.05.2024 5/5