Tamizharasan 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 Tamizharasan ...Petitioner / 2nd accused Vs.

1.The Deputy Superintendent of Police, Pattukottai Division, Thanjavur District.

2.The State rep. by The Sub Inspector of Police, Madukkur Police Station, Pattukkottai Taluk, Thanjavur District.

(Crime No.6 of 2024) Respondents / complainants

3. Vasanth 3rd Respondent / defacto complainant Prayer : Criminal Original Petition is filed under Section 482 Cr.P.C., praying to direct the I Additional District and Sessions Court (PCR), Thanjavur to accept the surrender of the petitioner / 2nd accused and consider his bail application and grant bail on the date of surrender itself in Crime No.6 of 2024, dated 08.01.2024 on the file of the 2nd respondent Police.

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

ORDER

This petition has been filed seeking for a direction to the I Additional District and Sessions Court (PCR), Thanjavur to accept the surrender of the petitioner / 2nd accused and consider his bail application and grant bail on the date of surrender itself in Crime No.6 of 2024, dated 08.01.2024 on the file of the 2nd respondent Police.

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 I Additional District and Sessions Court (PCR), Thanjavur to consider the petitioner's bail application, preferably on the same day of his surrender in connection with Crime No.6 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 2/5

SC/ST 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, Pattukottai Division, Thanjavur District.

2.The Sub Inspector of Police, Madukkur Police Station, Pattukkottai Taluk, Thanjavur District.

3. I Additional District and Sessions Court (PCR), Thanjavur 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