Madras High CourtCRL OP(MD)/14848/2022allowed

Sugumaran v. The Deputy Superintendent Of Police

2022-08-18Honourable Mr Justice V.Sivagnanam5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.08.2022

CORAM

THE HONOURABLE MR. JUSTICE V.SIVAGNANAM 1.Sugumaran 2.Sivakumar 3.Subbaiyan ... Petitioners/Accused Nos.1 to 3 Vs.

1.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Orathanadu Sub Division, Thanjavur District.

2.The Inspector of Police, Pappanadu Police Station, Thanjavur District.

(Crime No.612 of 2022) ...1st & 2nd Respondents/Complainants 3.Jayalakshmi ...3rd Respondent/De facto Complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to accept the surrender of the petitioner before the Special Court for SC/ST (Prevention of Atrocities) Act, i.e. the I Additional District and Sessions Judge at Thanjavur in connection with the Crime No.612 of 2022 on the file of the second respondent police and to consider the bail application filed by the petitioners on the same day. 1/5

For Petitioners : Mr.K.M.Karunakaran 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, Special Court for SC/ST (Prevention of Atrocities) Act, Thanjavur, to consider the petitioners bail application on the same day of their surrender in Crime No.612 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, Special Court for SC/ST (Prevention of Atrocities) Act, Thanjavur, to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Crime No.612 of 2022 on the file of the second respondent and pass appropriate orders, in accordance with law, after affording due opportunity 2/5

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.

18.08.2022 Internet:Yes/No Index:Yes/No vsd Note:Issue Order Copy on 18.08.2022 3/5

To 1.I Additional District and Sessions Judge, Special Court for SC/ST (Prevention of Atrocities) Act, Thanjavur.

2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Orathanadu Sub Division, Thanjavur District.

3.The Inspector of Police, Pappanadu Police Station, Thanjavur District.

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

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V.SIVAGNANAM, J.

vsd ORDER IN 18.08.2022 5/5