Madras High CourtCRL OP(MD)/12537/2022allowed

Marimuthu 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.12537 of 2022 Marimuthu, : Petitioner Vs

1. The Deputy Superintendent Of Police, Rural Sub Division, Palayamkottai, Tirunelveli District.

2. The Inspector of Police, Thalaiyuthu Police Station, Tirunelveli District.

Crime No.62/2022.

3. Petchiammal, : Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the the learned II Additional Sessions Judge (PCR) Tirunelveli to consider the Bail application of the petitioners concerned in Crime No.62/2022 on the file of the Inspector of Police, Thalaiyuthu Police Station, Tirunelveli, Tirunelveli District/second respondent herein. 1/4

For Petitioner : M/s. Arputharaj.A, 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 learned II Additional Sessions Judge (PCR) Tirunelveli, to consider the petitioner's bail application on the same day of his surrender in Crime No. 62 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 II Additional Sessions Judge (PCR) Tirunelveli, to consider the petitioner's bail application, preferably on the same day of his surrender in connection with Crime No. 62 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 2/4

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 II Additional Sessions Judge (PCR), Tirunelveli.

2.The Deputy Superintendent Of Police, Rural Sub Division, Palayamkottai, Tirunelveli District.

3. The Inspector of Police, Thalaiyuthu Police Station, Tirunelveli District.

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

ORDER IN CRL.O.P (MD) No.12537 of 2022 12.07.2022 4/4