Sathishkumar @ Satheesh 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 Sathishkumar @ Satheesh

...Petitioner / A4

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 (Crime No.213 of 2024) Respondents / complainants

3. Logesh 3rd Respondent / defacto complainant Prayer : Criminal Original Petition has been filed under Section 482 Crl.P.C., praying to direct the Principal District and Sessions Judge, Karur to consider the bail application filed by the petitioner and pass order in the bail application filed by the petitioner on the same date of his surrender in Crime No.213 of 2024 on the file of the 2nd respondent in accordance with law.

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For Petitioner : Mr.S. Rameshkumar For respondents 1 & 2 : Mr.R.Shivakumar Government Advocte (Crl. Side)

ORDER

This petition has been filed seeking for a direction to the Principal District and Sessions Judge, Karur to consider the bail application filed by the petitioner and pass order in the bail application filed by the petitioner on the same date of his surrender in Crime No.213 of 2024 on the file of the 2nd respondent in accordance with law.

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 Principal District and Sessions Judge, Karur to consider the petitioner's bail application, preferably on the same day of his 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 2/5

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.

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.

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

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

Karur District.

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

3. The Principal District and Sessions Judge, Karur 4.The Additional Public Prosecutor Madurai Bench of Madras High Court, Madurai.

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