Vinoth @ Vinothkumar v. The Deputy Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.05.2024

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI 1.Vinoth @ Vinothkumar 2.Tamilmani 3.Murugan 4.Sambath 5.Saravanan 6.Kannan @ Muthukaruppiah 7.Selvam @ Selvakumar 8.Ragul @ Rahulkumar 9.Chitan @ Sithanathan 10.Ajay @ Muthu 11.Madhan @ Madhan Babu 12.Gayathri 13.Pushpavalli 14.Mahalakshmi 15.Parameshwari 16.Janaki

...Petitioners / accused

Vs.

1.The Deputy Superintendent of Police, Manamadurai, Sivagangai District.

2.The Inspector of Police, Thiruppuvanam Police Station, Sivagangai District.

(Crime No.195 of 2024) 3.Arun

...Respondents

1/5

Prayer : Criminal Original Petition filed under Section 482 Cr.P.C., praying to direct the learned District and Sessions Court (PCR Cases), Sivagangai to consider the bail application of the petitioners concerned in Crime No.195 of 2024 on the file of the 2nd respondent Police and pass orders in accordance with law on the same day of their surrender. For Petitioners : Mr.V.R. Ramesh For respondents 1 & 2 : Mr.R.Shivakumar Government Advocte (Crl. Side)

ORDER

This petition has been filed seeking for issuing a direction to the learned District and Sessions Court (PCR Cases), Sivagangai to consider the bail application of the petitioners concerned in Crime No.195 of 2024 on the file of the 2nd respondent Police and pass orders in accordance with law on the same day of their surrender.

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 Court (PCR Cases), 2/5

Sivagangai to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Crime No.195 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 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 petitions on the same day does not amount to consider it favourably.

4. With the above direction, the Criminal Original Petition stands disposed of.

29.05.2024 Index : Yes / No Internet : Yes/ No trp 3/5

To

1. The learned District and Sessions Court (PCR Cases), Sivagangai 2.The Deputy Superintendent of Police, Manamadurai, Sivagangai District.

3.The Inspector of Police, Thiruppuvanam Police Station, Sivagangai District.

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

4/5

L.VICTORIA GOWRI, J., trp 29.05.2024 5/5