Vrt.Balasubramanian v. The Deputy Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.05.2023

CORAM:

THE HON'BLE MR JUSTICE P.VADAMALAI 1.VRT.Balasubramanian 2.M.Govidaraj 3.Purachidasan 4.V.Rajendran 5.Jeevanantham 6.Mahiyalagan 7.Thirunavukarasu 8.Manimaran 9.Arivazhagan 10.Kariyathal

...Petitioners

Vs.

1.The Deputy Superintendent Of Police, Pattukottai, Pattukottai Town & Taluk, 1/6

2.State Rep. by The Inspector of Police, Pattukottai Taluk Police Station, (Crime No.210 of 2023) 3.Rajendran

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the I Additional District Court/PCR, Thanjavur, Thanjavur District to accept the surrender of the petitioners along with bail application in Cr.No.210 of 2023 on the file of the second respondent police herein and to consider and dispose the bail application on the same day on merits.

For Petitioners : Mr.D.R.Murugesan For R1 & R2 : Mr.K.Sanjai Gandhi, Government Advocate(Crl.side)

ORDER

This petition has been filed seeking for a direction to the I Additional District Court/PCR, Thanjavur, Thanjavur District to accept the surrender of the petitioners along with bail application in Cr.No.210 2/6

of 2023 on the file of the second respondent police herein and to consider and dispose the bail application on the same day on merits.

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 I Additional District Court/PCR, Thanjavur, Thanjavur District, to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Crime No.210 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 3/6

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 favorably.

4. With the above direction, the Criminal Original Petition stands allowed.

25.05.2023 NCC:Yes/No Index:Yes/No Speaking / Non speaking order gns 4/6

To 1.The I Additional District Court/PCR, Thanjavur, Thanjavur District 2.The Deputy Superintendent Of Police, Pattukottai, Pattukottai Town & Taluk, 3.The Inspector of Police, Pattukottai Taluk Police Station, 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court.

5/6

P.VADAMALAI , J.

gns Crl.O.P.(MD) No.9385 of 2023 25.05.2023 6/6