Kannan v. The Deputy Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.05.2024

CORAM

THE HONOURABLE MR. JUSTICE P.VADAMALAI Kannan

...Petitioner

Vs.

1.Deputy Superintendent of Police, Orathanadu, Thanjavur District.

2.The Inspector of Police, Vattathikottai Police Station, Thanjavur District.

Crime No.109/2024 3.A.Anbarasan

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the learned District Additional and Sessions Judge (PCR), Thanjavur, to consider the bail application of the petitioner on the same day on his surrender in connection with Crime No.109 of 2024 and dispose the same on merits in accordance with law. For Petitioners : Mr.K.Ganesamoorthi For Respondents : Mr.R.Suresh Kumar Government Advocate (Crl. Side) for R1 and R2 1/4

ORDER

This petition has been filed seeking for a direction to the learned District Additional and Sessions Judge (PCR), Thanjavur, to consider and dispose of the petitioner's bail application on the same day of his surrender in respect of Crime No.109 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 District Additional and Sessions Judge (PCR), Thanjavur, to consider the petitioner's bail application, preferably on the same day of their surrender in connection with Crime No.109 of 2024 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 the SC/ST Act. The petitioner shall surrender before the 2/4

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, the Criminal Original Petition stands disposed of.

15.05.2024 NCC:Yes/No Index:Yes/No PKN 3/4

P.VADAMALAI , J.

PKN To 1.Deputy Superintendent of Police, Orathanadu, Thanjavur District.

2.The Inspector of Police, Vattathikottai Police Station, Thanjavur District.

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

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