Josephraj v. The Deputy Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30/05/2024

CORAM

The Hon`ble Mrs.Justice L. VICTORIA GOWRI

1. Josephraj,

2. Jacobraj.

... Petitioners/Accused Vs

1. The Deputy Superintendent Of Police, Tirunelveli, Tirunelveli District.

2. The State Represented by the Inspector of Police, Tirunelveli Taluk Police Station, Tirunelveli District.

Crime No.236 of 2024.

3. Thangaraj.

... Respondents/Complainants PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the learned II Additional District and Sessions Court (PCR), Tirunelveli, Tirunelveli District, to consider the bail application filed by the petitioners on the same day in Crime No.236 of 2024 on the 1/5

file of the 2nd Respondent.

For Petitioners : Mr.S.T.Sasidharan Tamilkani For Respondents : Mr.R.Sivakumar, Government Advocate (Crl.Side) for R1 and R2

ORDER

This petition has been filed seeking for a direction to the learned II Additional District and Sessions Judge (PCR Court), Tirunelveli, to consider bail applications on the same day of their surrender in respect of Crime No.236 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 II Additional District and Sessions Judge (PCR Court), Tirunelveli, to consider the petitioners' bail applications, preferably on the same day of their surrender in connection with Crime No.236 of 2024 on the file of the second respondent and pass appropriate orders in 2/5

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 petition on the same day does not amount to consider it favourably.

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

(L V G J) 30.05.2024 apd/vrn 3/5

TO

1. The II Additional District and Sessions Judge (PCR Court), Tirunelveli,

2. The Deputy Superintendent Of Police, Tirunelveli, Tirunelveli District.

3. The Inspector of Police, Tirunelveli Taluk Police Station, Tirunelveli District.

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

4/5

L. VICTORIA GOWRI,J apd/vrn

ORDER

IN CRL OP(MD) No.7994 of 2024 Date : 30/05/2024 5/5