Sokkumuthu @ Sokkumuthu Ayyanar v. The Deputy Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.05.2024

CORAM

THE HON'BLE MRS.JUSTICE S.SRIMATHY CRL.O.P (MD) No.7606 of 2024 1.Sokkumuthu @ Sokkumuthu Ayyanar 2.S.Sudhakar 3.P.Karunakaran 4.Sokkumuthu @ Sokkumuthu Ayyanar 5.G.Koodalingam ... Petitioners Vs.

1.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Srivilliputtur Sub Division, Virudhunagar District.

2.The Inspector of Police, Vanniyampatti Vilakku Police Station, Virudhunagar District.

(Crime No.47 of 2024) 3.Muniyandi ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the learned Special Sessions Judge, Srivilliputhur (Special Court for Trial of Scheduled Caste and Scheduled Tribe Act Cases) to consider the bail application of the petitioners on the same day of surrender in Crime No.47 of 2024, on the file of the second respondent police station. 1/5

For Petitioners : Mr.T.Dinesh Pandi For R1 & R2 : Mr.A.Thiruvadi Kumar Additional Public Prosecutor

O R D E R

This petition has been filed seeking for a direction to the learned Special Sessions Judge, Srivilliputhur (Special Court for Trial of Scheduled Caste and Scheduled Tribe Act Cases), to consider and dispose of the petitioners' bail applications on the same day of their surrender in respect of Crime No.47 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 Special Sessions Judge, Srivilliputhur (Special Court for Trial of Scheduled Caste and Scheduled Tribe Act Cases), to consider the petitioners' bail applications, preferably on the same day of their surrender in connection with Crime No.47 of 2024, on the file of the second respondent and pass appropriate orders in accordance with law after affording due opportunity to 2/5

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 receipt of a copy of this Order.

3. It is needless to say that the Court below, while disposing the bail petitions 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.

22.05.2024 NCC : Yes/No Internet:Yes/No Index:Yes/No MR 3/5

To 1.The learned Special Sessions Judge, (Special Court for Trial of SC and ST Act Cases), Srivilliputhur.

2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Srivilliputtur Sub Division, Virudhunagar District.

3.The Inspector of Police, Vanniyampatti Vilakku Police Station, Virudhunagar District.

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

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S.SRIMATHY , J.

MR ORDER IN CRL.O.P (MD) No.7606 of 2024 22.05.2024 5/5