Madras High CourtCRL OP(MD)/13842/2022allowed

R.Lakshminarayanan v. The Deputy Superintendent Of Police

2022-08-01Honourable Mr Justice V.Sivagnanam5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.08.2022

CORAM

THE HONOURABLE MR. JUSTICE V.SIVAGNANAM CRL.O.P (MD) No.13842 of 2022

1. R.Lakshminarayanan

2. L.Anushiya

...Petitioners

.vs.

1. The Deputy Superintendent of Police Sattur Sub Division, Vembakottai Police Station Virudhunagar District

2. The Inspector of Police Vembakottai Police Station Virudhunagar District

3. Kokilavani

4. Gomathi

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the learned Sessions Judge (Special court for Schuduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Srivilliputhur Virudhunagar to accept the surrender of the petitioners / Accused No.1 and 2 and to consider the bail applications and grant bail on the date of surrender itself in Crime No.230 of 2022 dated 22.07.2022. 1/5

For Petitioners : Mr.E.Marees Kumar 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 Sessions Judge (Special court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Srivilliputhur Virudhunagar to accept the surrender of the petitioners / Accused No.1 and 2 and to consider the bail applications and grant bail on the date of surrender itself in Crime No.230 of 2022 dated 22.07.2022.

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 Sessions Judge (Special court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Srivilliputhur, Virudhunagar to consider the petitioners bail application, preferably on the same day of their surrender in connection with Crime No. 230 of 2022 on the file of the second respondent and pass appropriate orders, in accordance with law, 2/5

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.

01.08.2022 Internet:Yes./No Index:Yes/no aav Note: Issue order copy on 02.08.2022 3/5

To 1.The Sessions Judge (Special court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Srivilliputhur Virudhunagar

2. The Deputy Superintendent of Police Sattur Sub Division, Vembakottai Police Station Virudhunagar District

3. The Inspector of Police Vembakottai Police Station Virudhunagar District 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.13842 of 2022 01.08.2022 5/5