Vignesh v. The Deputy Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.05.2023

CORAM

THE HONOURABLE MR. JUSTICE R. KALAIMATHI CRL.O.P (MD) No.8736 of 2023 1.Vignesh 2.Tamilselvan 3.Rajaprabhakaran 4.Arun Krishore 5.Suresh 6.Ramnath @ Hari 7.Praveen raj 8.Ananth 9.Rajavelu 10.Jeevanatham 11.Mukesh Bala ... Petitioners Vs 1.The Deputy Superintendent of Police, Samayanallur, Madurai District.

2.The Inspector of Police, Alanganallur police station, Madurai District.

(Crime No.184 of 2023) 3.Nagendran ... Respondents 1/5

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the learned Additional District Court No.III (Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Madurai, to accept the surrender of the petitioners / Accused No.1 to 11 and to consider their bail applications and grant bail on the date of surrender itself in Crime No.184 of 2023 dated 05.05.2023 on the file of the respondent No.2 police.

For Petitioner : Mr.A.Karthik Kumar For Respondents : Mr.M.Vaikkam Karunanithi No.1 and 2 Government Advocate (Crl.side)

O R D E R

This petition is filed for a direction to direct the learned Additional District Court No.III (Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Madurai, to accept the surrender of the petitioners / Accused No.1 to 11 and to consider their bail applications and grant bail on the date of surrender itself in Crime No.184 of 2023 dated 05.05.2023 on the file of the respondent No.2 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 2/5

the Parliament against innocent persons, there shall be a direction to the learned learned Additional District Court No.III (Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Madurai, to consider the petitioner's bail application, preferably on the same day of her 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 Sections 15(A), (3) and (5) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015. 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.

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

11.05.2023 NCC : Yes / No Internet:Yes./No Index:Yes/no Note: Issue order copy on 12.05.2023 pnn To

1. The Additional District Court No.III (Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Madurai, 2.The Deputy Superintendent of Police, Samayanallur, Madurai District.

3.The Inspector of Police, Alanganallur police station, Madurai District.

(Crime No.184 of 2023) 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 4/5

R. KALAIMATHI, J.

pnn Order made in CRL.O.P (MD) No.8736 of 2023 11.05.2023 5/5