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Madras High CourtCRL OP(MD)/11126/2022allowed

Maruthai Ponnusamy v. The Superintendent Of Police

2022-06-23Honourable Mr Justice V.Sivagnanam2 pages

CRL.O.P (MD) No.11126 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.06.2022

CORAM

THE HONOURABLE MR. JUSTICE V.SIVAGNANAM CRL.O.P (MD) No.11126 of 2022 Maruthai Ponnusamy ... Petitioner/Accused No Not Known Vs 1.The Superintendent of Police, Trichy, Trichy District.

2.The Deputy Superintendent Of Police, Office of the Manaparai Sub Division, Manaparai Police Station, Trichy District.

(Crime No.212/2022) 3.The Inspector of Police, Vaiyampatty Police Station, Trichy District.

(Crime No.212/2022)

...Respondent/Complainant

4.K.Kaliappan

...Respondent/Defacto Complainant

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the learned 1st Additional District Judge, Trichy (Special Court for SC/ST (POA) Act, 2015) to accept the surrender of the petitioner/Accused Rank Not Known and to consider his bail applications and grant bail on the same date of surrender itself in Crime No.212 of 2022 dated 18.06.2022. For Petitioner : Mr.C.Anand For Respondents : Mr.A.Albert James, 1 to 3 Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed to direct the learned 1st Additional District Judge, Trichy (Special Court for SC/ST (POA) Act, 2015) to accept the surrender of the petitioner/Accused Rank Not Known and to consider his bail applications and grant bail on the same date of surrender itself in Crime No.212 of 2022 dated 18.06.2022.

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 1st Additional https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL.O.P (MD) No.11126 of 2022 District Judge, Trichy (Special Court for SC/ST (POA) Act, 2015), to consider the petitioner's bail application, preferably on the same day of their surrender in connection with Crime No. 212 of 2022 on the file of the third 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, this Criminal Original Petition is allowed.

Sd/- Assistant Registrar (CS-I) // True Copy // 24/06/2022 Sub Assistant Registrar(CS) vsg To 1.The 1st Additional District Judge, Trichy. (Special Court for SC/ST (POA) Act, 2015) 2.The Superintendent of Police, Trichy, Trichy District.

3.The Deputy Superintendent Of Police, Office of the Manaparai Sub Division, Manaparai Police Station, Trichy District.

4.The Inspector of Police, Vaiyampatty Police Station, Trichy District.

5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1 CC to M/s.C. ANAND, Advocate ( SR-27872[F] dated 24/06/2022 ) ORDER IN CRL.O.P (MD) No.11126 of 2022 23.06.2022 NSN(CO)GC(24.06.2022) 2P 7C https://hcservices.ecourts.gov.in/hcservices/ 2/2