Madras High CourtCRL OP(MD)/10501/2022allowed

Dinesh v. The Deputy Superintendent Of Police

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

CRL OP(MD). No.10501 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.06.2022

CORAM:

THE HON'BLE MR.JUSTICE V.SIVAGNANAM CRL OP(MD). No.10501 of 2022 Dinesh ... Petitioner/Sole Accused Vs 1.State Rep. through The Deputy Superintendent of Police, Papanasam, Thanjavur District.

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

...1st & 2nd Respondents/Complainants 3.Pugal @ Pugalenthi ...3rd Respondent/Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the first Additional District and Sessions Court for PCR Act Cases, Thanjavur to consider the bail application of the petitioner on the same day on his surrender in connection with Crime No.364 of 2022 on the file of the second respondent police.

For Petitioner : Mr.A.N.Ramanathan 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 first Additional District and Sessions Court for PCR Act Cases, Thanjavur to consider the petitioner's bail application in Crime No.364 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 first Additional District and Sessions Court for PCR Act Cases, Thanjavur, to consider the petitioner's bail application, preferably on the same day of their surrender in connection with Crime No.364 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 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. https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.10501 of 2022

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 (T&P) // True Copy // 15/06/2022 Sub Assistant Registrar(CS) PNM To 1.The Judge, The I Additional District and Sessions Court for PCR Act Cases, Thanjavur.

2.The Deputy Superintendent of Police, Papanasam, Thanjavur District.

3.The Inspector of Police, Ammapettai Police Station, Thanjavur District.

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

+1 CC to M/s.AN. RAMANATHAN, Advocate ( SR-25708[F] dated 15/06/2022 ) ORDER IN CRL.O.P (MD) No.10501 of 2022 14.06.2022 ks(CO) GC(15.06.2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2