Madras High CourtCRL OP(MD)/10511/2022allowed

Duraipandi v. The Deputy Superintendent Of Police

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

CRL.O.P (MD) No.10511 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.10511 of 2022 1.Duraipandi 2.Senthil @ Ayyanan 3.Erulappan 4.Chandra Murugan 5.Murugan 6.Guruvu Jothi 7.Sasi @ Sasikala 8.Muthupandi 9.Muthumani 10.Nallu 11.Balamurugan 12.Sivaperumal ... Petitioners/Accused Nos 1 to 12 Vs 1.The Deputy Superintendent of Police, Peraiyur, Madurai District.

2.State Rep.

The Inspector of Police, Peraiyur Police Station, Madurai District.

... Respondents/Complainants 3.Muthuselvam ...3rd Respondent/Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the learned Special Court for SC/ST Act, Madurai to accept the surrender of the petitioners and consider their bail applications on the same day on merit relating to Crime No.97 of 2022 dated 11.04.2022.

For Petitioners : Mr.S.M.Anantha Murugan Advocate.

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 Court for SC/ST Act, Madurai, to consider the petitioners bail application on the same day of their surrender in Crime No. 97 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) https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL.O.P (MD) No.10511 of 2022 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 Court for SC/ST Act, Madurai, to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Crime No.97 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 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, this Criminal Original Petition is allowed.

Sd/- Assistant Registrar (T&P) // True Copy // 15/06/2022 Sub Assistant Registrar(CS) tta To 1.The Judge, The Special Court for SC/ST Act, Madurai.

2.The Deputy Superintendent of Police, Peraiyur, Madurai District.

3.The Inspector of Police, Peraiyur Police Station, Madurai District.

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

+1 CC to M/s.S.M. ANANTHA MURUGAN, Advocate ( SR-25554[F] dated 14/06/2022 ) ORDER IN CRL.O.P (MD) No.10511 of 2022 14.06.2022 ks(CO)GC(15.06.2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2