Madras High CourtCRL OP(MD)/10521/2022allowed

Periyasamy @ Vellaiayan v. The Deputy Superintendent Of Police

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

CRL.O.P (MD) No.10521 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.10521 of 2022 1.Periyasamy @ Vellaiayan 2.Ramer @ Ramar ... Petitioners/ Accused 2 & 4 Vs 1.The Deputy Superintendent of Police, Thirumangalam, Madurai District.

2.The State rep. by The Inspector of Police, Koodakovil Police Station, Koodakovil, Madurai District.

(Crime No. 180 of 2022).

... Respondents/Complainant

3. Mani ... 3rd Respondent/Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the III Additional District Court(PCR), Madurai, to accept the surrender of the petitioners in connection with Special S.C.No.31 of 2022 in Crime No.180 of 2016 on the file of the Inspector of Police, Koodakovil Police Station, Koodakovil, Madurai District and subsequently in event of any bail application is made to be filed by them on the date of their surrender before the said Court and the same has to be decided on merits and in accordance with law on the same day itself.

For Petitioners :

Mr.J.Sankara Pandian 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 III Additional District Court(PCR), Madurai, to consider the petitioners bail application on the same day of their surrender in Crime No.180 of 2016 on the file of the second respondent police.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL.O.P (MD) No.10521 of 2022

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 III Additional District Court(PCR), Madurai, to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Crime No.180 of 2016 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) To

1. THE III Additional District Court(PCR), Madurai. 2.The Deputy Superintendent of Police, Thirumangalam, Madurai District.

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

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

+1 cc to Mr.J.SANKARA PANDIAN, Advocate, SR.No.25852 ORDER IN CRL.O.P (MD) No.10521 of 2022 14.06.2022 SA(15.06.2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2