Madras High CourtCRL OP(MD)/11009/2022allowed

Chinnakannan v. The Deputy Superintendent Of Police

2022-06-22Honourable Mr Justice V.Sivagnanam2 pages

CRL.O.P (MD) No.11009 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.06.2022

CORAM

THE HONOURABLE MR. JUSTICE V.SIVAGNANAM CRL.O.P (MD) No.11009 of 2022

1. Chinnakannan

2. Vasanthi ... Petitioners/ Accused No.1 & 2 Vs 1.The Deputy Superintendent of Police, Bodinayakanur, Theni District.

2.The Inspector of Police, Kombai Police Station, Theni District.

(Crime No.77 of 2022) ... Respondents 1 & 2/ Complainants 3.Arumugam ... 3rd Respondent/De-facto Complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the Additional District and Sessions Court, Theni (Special Court for SC/ST Act cases, PCR) to consider the bail application of the petitioners in Crime No.77 of 2022 on the same day of surrender and dispose the same on its merits in accordance with law.

For Petitioners : Mr.V.Malaiyendran Advocate.

For R1 and R2 : Mr.A.Albert James, Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed for a direction to direct the Additional District and Sessions Court, Theni (Special Court for SC/ST Act cases, PCR) to consider the bail application of the petitioners in Crime No.77 of 2022 on the same day of surrender and dispose the same on its merits 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 Additional District and Sessions Court, Theni (Special Court for SC/ST Act cases, PCR), to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Crime No.77 of 2022 on the https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL.O.P (MD) No.11009 of 2022 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 petition on the same day, does not amount to consider it favourably.

4. With the above direction, this Criminal Original Petition is allowed.

Sd/- Assistant Registrar (AD-I) // True Copy // 23/06/2022 Sub Assistant Registrar(CS) ebsi To 1.The Additional District and Sessions Judge, Theni (Special Court for SC/ST Act cases, PCR) 2.The Deputy Superintendent of Police, Bodinayakanur, Theni District.

3.The Inspector of Police, Kombai Police Station, Theni District.

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

+1 CC to M/s.V. MALAIYENDRAN, Advocate ( SR-27574[F] dated 22/06/2022 ) ORDER IN CRL.O.P (MD) No.11009 of 2022 22.06.2022 ma(CO) GC(23.06.2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2