John Anthony Durai @ Johnson Anthoni Durai 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.7576 of 2024 1.Johnson Anthony Durai @ Johnson Anthoni Durai 2.Reecoxavier @ Reeko Saviar ... Petitioners Vs.

1.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Kulithalai Sub Division, Karur District.

2.State through The Inspector of Police, Thogamalai Police Station, Karur District.

(In Crime No.213 of 2024) 3.Logesh ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the Principal District and Sessions Judge, Karur to consider bail application filed by the petitioners and pass order in the bail application filed by the petitioners on the same date of their surrender in Crime No.213 of 2024, on the file of the second respondent in accordance with law.

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For Petitioners : Mr.K.M.Karunakaran 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 Principal District and Sessions Judge, Karur, to consider and dispose of the petitioners' bail applications on the same day of their surrender in respect of Crime No.213 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 Principal District and Sessions Judge, Karur, to consider the petitioners' bail applications, preferably on the same day of their surrender in connection with Crime No.213 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 petitioners shall 2/5

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 Principal District and Sessions Judge, Karur.

2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Kulithalai Sub Division, Karur District.

3.The Inspector of Police, Thogamalai Police Station, Karur 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.7576 of 2024 22.05.2024 5/5