Madras High CourtCRL OP(MD)/12503/2022allowed

M.Murugan @ Velmurugan v. The Deputy Superintendent Of Police

2022-07-12Honourable Mr Justice V.Sivagnanam4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.07.2022

CORAM

THE HONOURABLE MR. JUSTICE V.SIVAGNANAM CRL.O.P (MD) No.12503 of 2022 M.Murugan @ Velmurugan, : Petitioner Vs

1. The Deputy Superintendent Of Police, Melur, Madurai District.

2. The State represented by The Inspector of Police, Melur Police Station, Madurai District.

3. Thilagar, : Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the learned Additional District Court No.III (PCR Court) Madurai to consider the petitioner bail application on the date of their surrender in respect of Crime no.164/2022 on the file of the Respondent Police.

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For Petitioner : M/s.Atham Ali S, For R1 and R2 : Mr.A.Albert James, Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed for a direction to direct the Additional District Court No.III (PCR Court) Madurai, to consider the petitioner's bail application on the same day of his surrender in Crime No. 164 of 2022 on the file of the 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 Additional District Court No.III (PCR Court) Madurai, to consider the petitioner's bail application, preferably on the same day of his surrender in connection with Crime No. 164 of 2022 on the file of the respondent police 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 2/4

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.

12.07.2022 Internet:Yes./No Index:Yes/no lr Note: Issue order copy on 13.07.2022 3/4

V.SIVAGNANAM, J.

lr To 1.The Additional District Court No.III (PCR Court) Madurai.

2.The Deputy Superintendent Of Police, Melur, Madurai District.

3.The Inspector of Police, Melur Police Station, Madurai District.

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

ORDER IN CRL.O.P (MD) No.12503 of 2022 12.07.2022 4/4