Gopinath v. The Deputy Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.08.2022

CORAM

THE HONOURABLE MR. JUSTICE V.SIVAGNANAM 1.Gopinath @ Gopi 2.Alagu Karuppasamy @ Alagu ... Petitioners/Accused Nos.2 & 4 Vs.

1.The Deputy Superintendent of Police, Aruppukkottai, Virudhunagar District.

2.The Inspector of Police, Pandalgudi Police Station, Virudhunagar District.

(Crime No.69 of 2022) ...1st & 2nd Respondents/Complainants 3.Ashokkumar ...3rd Respondent/De facto Complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the Special Judge for SC/ST (POA) Cases, Srivilliputhur, Virudhunagar District, to consider the bail application of the petitioners concerned in Crime No.69 of 2022 on the file of the Inspector of Police, Pandhalgudi Police Station, Virudhunagar District/the 2nd Respondent herein and pass orders in accordance with law on the same day on their surrender if any petition filed by the petitioners. 1/5

For Petitioners : Mr.M.Ananthkumar 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 Special Judge for SC/ST (POA) Cases, Srivilliputhur, Virudhunagar District, to consider the petitioners bail application on the same day of their surrender in Crime No.69 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 Special Judge for SC/ST (POA) Cases, Srivilliputhur, Virudhunagar District, to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Crime No.69 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 2/5

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.The Special Judge for SC/ST (POA) Cases, Srivilliputhur, Virudhunagar District, 2.The Deputy Superintendent of Police, Aruppukkottai, Virudhunagar District.

3.The Inspector of Police, Pandalgudi Police Station, Virudhunagar 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