S.Nandakumar v. The Deputy Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.05.2023

CORAM:

THE HONOURABLE MR. JUSTICE P.VADAMALAI 1.S.Nandakumar 2.R.Mohankumar (Wrongly mentioned in the FIR as Mohanraj) 3.R.Balamurugan 4.K.Ilavarasan 5.S.Karikalan 6.S.Logesh

...Petitioners

Vs.

1.The Deputy Superintendent of Police, Aravakurichi Sub-Division, Karur District.

2.State rep. by The Inspector of Police, Chinnadharapuram Police Station, Karur District.

(Crime No.97 of 2023) 3.Velmurugan

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the learned District and Sessions Judge (PCR Court), 1/4

Karur to accept the surrender of the petitioners and consider their bail application on the same day on merits in relating to Crime No.97 of 2023 dated 17.05.2023 on the file of the respondent police. For Petitioners : Mr.L.Prabakaran For Respondents : Mr.K.Sanjai Gandhi, Govt. Advocate (Crl. Side) for R1 & R2.

ORDER

This petition has been filed seeking for a direction to the learned District and Sessions Judge (PCR Court), Karur, to consider and dispose of the petitioners' bail applications on the same day of their surrender in respect of Crime No.97 of 2023 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 District and Sessions Judge (PCR Court), Karur, to consider the petitioners' bail applications, preferably on the 2/4

same day of their surrender in connection with Crime No.97 of 2023 on the 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, the Criminal Original Petition stands disposed of.

25.05.2023 NCC:Yes/No Index:Yes/No ias 3/4

P.VADAMALAI, J.

ias To 1.The District and Sessions Judge (PCR Court), Karur.

2.The Deputy Superintendent of Police, Aravakurichi Sub-Division, Karur District.

3.The Inspector of Police, Chinnadharapuram Police Station, Karur District.

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

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