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Madras High CourtCRL OP(MD)/8554/2023ordered

A.Selvam v. The Deputy Superintendent Of Police

2023-05-17Honourable Mrs Justice T.V.Thamilselvi5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.05.2023

CORAM

THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI CRL.O.P (MD) No.8554 of 2023 A.Selvam ... Petitioner / Accused No.2 Vs

1. The Deputy Superintendent of Police, Dindigul Division, Dindigul District.

2. The Inspector of Police, Natham police station, Dindigul District.

(Crime No.184 of 2023) ... Respondents / Complainants

3. V.Sankan ... 3rd Respondent/ Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the Learned Special Court for the Exclusive Trial of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities ) Act Cases, Dindigul to accept the surrender of the petitioner and consider his bail application and grant bail on the same date of surrender itself in Crime No.184 of 2023 dated 22.04.2023 on the file of the second respondent police.

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For Petitioners : Mr.H.Velavadhas For Respondents No.1 and 2 : Mr.M.Sakthi Kumar, Government Advocate (Crl.).

O R D E R

This petition is filed for a direction to direct the learned Special Judge for the Exclusive Trial of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities ) Act Cases, Dindigul, to consider the bail petition of the petitioner on the same day of surrender and dispose the same on merits and in accordance with law in crime No.184 of 2023 on the file of the 2nd 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 learned Special Judge for the Exclusive Trial of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities ) Act Cases, Dindigul, to consider the petitioner's bail application, preferably on the same day of his 2/5

surrender in connection with Crime No.184 of 2023 on the file of the 2nd 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 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.

17.05.2023 Internet:Yes./No Index :Yes/No NCS : Yes /No PMU 3/5

To

1. The Special Judge for the Exclusive Trial of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities ) Act Cases, Dindigul.

2. The Deputy Superintendent of Police, Dindigul Division, Dindigul District.

3. The Inspector of Police, Natham police station, Dindigul District.

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

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T.V.THAMILSELVI, J.

PMU Order made in CRL.O.P (MD) No. 8554 of 2023 17.05.2023 5/5