Arul Udayam 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.7543 of 2024 Arul Udayam ... Petitioner Vs.

1.The Deputy Superintendent of Police, Pudukkottai Division, Pudukkottai District.

2.The Inspector of Police, Malaiyur Police Station, Pudukkottai District.

(Crime No.71/2024) 3.Sugumar ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the learned District and Sessions Judge (Special Court for PCR Cases), Pudukkottai to accept the surrender of the petitioner and consider his bail application on the same day on merit relating to Crime No. 71 of 2024 dated 22.04.2024.

For Petitioner : Mr.S.Prabha For R1 & R2 : Mr.A.Thiruvadi Kumar Additional Public Prosecutor 1/5

O R D E R

This petition has been filed seeking for a direction to the learned District and Sessions Judge (Special Court for PCR Cases), Pudukkottai, to consider and dispose of the petitioner's bail application on the same day of his surrender in respect of Crime No.71 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 and Sessions Judge (Special Court for PCR Cases), Pudukkottai, to consider the petitioner's bail application, preferably on the same day of his surrender in connection with Crime No.71 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 concerned jurisdictional Court within a period of fifteen days from the date of receipt of a copy of this Order.

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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.

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

To 1.The learned District and Sessions Judge (Special Court for PCR Cases), Pudukkottai.

2.The Deputy Superintendent of Police, Pudukkottai Division, Pudukkottai District.

3.The Inspector of Police, Malaiyur Police Station, Pudukkottai 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.7543 of 2024 22.05.2024 5/5