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Madras High CourtCRL OP(MD)/11757/2022allowed

Manikandan(Malakallan @ Karthik) v. The Deputy Superintendent Of Police

2022-07-01Honourable Mr Justice V.Sivagnanam4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.07.2022

CORAM

THE HONOURABLE MR. JUSTICE V.SIVAGNANAM CRL.O.P (MD) No. 11757 of 2022 Manikandan (Malakallan) @ Karthik

...Petitioner

Vs.

1.The Deputy Superintendent of Police, Aravakurichi, Karur District.

2.The Inspector of Police, Velayuthampalayam Police Station, Karur District.

3.Navaladi 4.Suman 5.Vasanth

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the Principal Session and District Judge, Karur, to accept the surrender of the petitioner / accused No.3 and consider the application for bail in Crime No.251 of 2022 on the file of the Inspector of Police, Velayuthapalayam Police Station, Karur on the same day.

For Petitioner : Mr.K.P.S. Palanivelrajan For Respondents : Mr.A. Albert James Government Advocate (Crl. Side) 1/4

O R D E R

This Criminal Original Petition has been filed for issuing a direction to the learned the Principal Session and District Judge, Karur, to consider the petitioner's bail application on the same day of his surrender in Crime No. 251 of 2022 on the file of the second respondent 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 the Parliament against innocent persons, there shall be a direction to the learned the Principal Session and District Judge, Karur, to consider the petitioner's bail application, preferably on the same day of his surrender in connection with Crime No.251 of 2022 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 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 2/4

same day, does not amount to consider it favourably.

4. With the above direction, this Criminal Original Petition is allowed. 01.07.2022 Internet:Yes./No Index:Yes/no trp To

1. The Principal Session and District Judge, Karur, 2.The Deputy Superintendent of Police, Aravakurichi, Karur District.

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

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

3/4

V.SIVAGNANAM, J.

trp ORDER IN CRL.O.P (MD) No. 11757 of 2022 01.07.2022 4/4