Madras High CourtCRL OP(MD)/10452/2022allowed

Ponraj v. The Inspector Of Police

2022-06-14Honourable Mr Justice V.Sivagnanam2 pages

CRL.O.P (MD) No.10452 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.06.2022

CORAM

THE HONOURABLE MR. JUSTICE V.SIVAGNANAM CRL.O.P (MD) No.10452 of 2022 Ponraj ... Petitioner Vs

1. The State Rep by its Inspector of Police, Aruppukottai Town Police Station, Virudhunagar District.

(Crime No.167/2021)

2. The Deputy Superintendent of Police, Aruppukottai Division, Virudhunagar District.

3. Ramasamy ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the learned Special Judge (PCR Court) at Srivilliputhur to consider the bail application filed by the petitioner in Crime No.167 of 2021 on the file of the respondent police on the very same day.

For Petitioner : Mr.B.Muneeswaran For Respondents : Mr.A.Albert James, 1 and 2 Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed for a direction, to direct the learned Special Judge (PCR Court), Srivilliputhur District to consider the petitioner's bail application in Crime No.167 of 2022, on the file 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 Special Judge (PCR Court), Srivilliputhur, to consider the petitioner's bail application, preferably on the same day of their surrender in connection with Crime No.167 of 2022 on the file of the second https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL.O.P (MD) No.10452 of 2022 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 favourably.

4. With the above direction, this Criminal Original Petition is allowed.

Sd/- Assistant Registrar (AE) // True Copy // / /2022 Sub Assistant Registrar(CS) tta To

1. The Special Judge (PCR Court), Srivilliputhur

2. The Inspector of Police, Aruppukottai Town Police Station, Virudhunagar District.

3. The Deputy Superintendent of Police, Aruppukottai Division, Virudhunagar District.

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

+1 CC to M/s.B. MUNEESWARAN, Advocate ( SR-25974[F] dated 15/06/2022 ) ORDER IN CRL.O.P (MD) No.10452 of 2022 14.06.2022 USK/15.06.2022/2P/6C https://hcservices.ecourts.gov.in/hcservices/ 2/2