K.Gowtham v. The Deputy Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.07.2022

CORAM

THE HONOURABLE MR. JUSTICE V.SIVAGNANAM CRL.O.P (MD) No.13632 of 2022 K.Gowtham

...Petitioner

.vs.

1. The Deputy Superintendent of Police Samayanallur, Vadipatti Madurai

2. The Inspector of Police Sholavandan Police Station Madurai

3. M.Karuppu

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct to surrender before the Court and the same bail application to considered by the III-Additional Sessions Court PCR,Madurai may be enlarge the Petitioner/Accused on bail in the event of arrest in Cr.No.143 of 2022.

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For Petitioner :

K.Guruchev For Respondents : Mr.A.Albert James No.1 and 2 : Government Advocate(Crl.Side)

O R D E R

This Criminal Original Petition has been filed for a direction to direct the learned III-Additional Sessions Judge, PCR Court ,Madurai, to consider the petitioner's bail application on the same day of his surrender in Crime No. 143 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 III-Additional Sessions Judge, PCR Court ,Madurai, to consider the petitioner's bail application, preferably on the same day of his surrender in connection with Crime No. 143 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. 2/5

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.

28.07.2022 Internet:Yes./No Index:Yes/no aav Note: Issue order copy on 01.08.2022 3/5

To 1.The III-Additional Sessions Judge, PCR Court ,Madurai

2. The Deputy Superintendent of Police Samayanallur, Vadipatti Madurai

3. The Inspector of Police Sholavandan Police Station Madurai 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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V.SIVAGNANAM, J.

aav ORDER IN CRL.O.P (MD) No.13632 of 2022 28.07.2022 5/5