Karan v. The Deputy Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.07.2022

CORAM

THE HONOURABLE MR. JUSTICE V.SIVAGNANAM 1.Karnan 2.Gowtham 3.Prem @ Premkumar 4.Appu @ Senthilkumar 5.Manikandan ... Petitioners/Accused Nos.1 to 5 Vs 1.The Deputy Superintendent of Police, Thiruvarur, Thanjavur District.

2.State Rep. by The Inspector of Police, Valangaiman Police Station, Thiruvarur District.

(Crime No.381 of 2022) ...1st & 2nd Respondents/Complainants 3.Cheran 4.Dhinakaran 5.Silambarasan 6.Anjalidevi

...Respondent Nos.4 to 6/Victims

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the I Additional District and Sessions Judge (PCR) Court, Thanjavur, Thanjavur District to accept the surrender of the petitioner and 1/4

consider his bail application on the same day on merits relating to Crime No.381 of 2022, dated 05.07.2022.

For Petitioners : Mr.S.Sathya Chidambaram For R1 - 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 I Additional District and Sessions Judge (PCR) Court, Thanjavur, Thanjavur District, to consider the petitioners bail application on the same day of their surrender in Crime No.381 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 I Additional District and Sessions Judge (PCR) Court, Thanjavur, Thanjavur District, to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Crime No.381 of 2022 2/4

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, this Criminal Original Petition is allowed.

21.07.2022 Internet:Yes./No Index:Yes/no vsd Note :Issue Order Copy on 22.07.2022 3/4

V.SIVAGNANAM, J.

vsd To 1.The Deputy Superintendent of Police, Thiruvarur, Thanjavur District.

2.State Rep. by The Inspector of Police, Valangaiman Police Station, Thiruvarur District.

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

ORDER IN 21.07.2022 4/4