Madras High CourtCRL OP(MD)/15245/2022allowed

Tamilarasan v. The Deputy Superintendent Of Police

2022-08-25Honourable Mr Justice V.Sivagnanam5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.08.2022

CORAM

THE HONOURABLE MR. JUSTICE V.SIVAGNANAM CRL.O.P (MD) No.15245 of 2022 Tamilarasan ... Petitioner/Accused No.2 Vs.

1.State represented by its The Deputy Superintendent of Police, Musiri, Trichy District.

2.The Inspector of Police, Musiri Police Station, Trichy District, (In Crime No.280 of 2022) ...1st & 2nd Respondents/Complainants 3.Saminthosh @ Deepan ... 3rd Respondent/Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the 1st Additional District Judge (PCR), Trichy to consider the bail application of the petitioner on the same day of his surrender that Court in connection with Crime No.280 of 2022 on the file of the second respondent.

1/5

For Petitioner : Mr.K.Arunraj Advocate.

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 Judge (PCR), Trichy, to consider the petitioner's bail application on the same day of his surrender in Crime No. 280 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 Judge (PCR), Trichy, to consider the petitioner's bail application, preferably on the same day of his surrender in connection with Crime No.280 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 2/5

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.

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.

25.08.2022 Internet:Yes./No Index:Yes/no skn Note: Issue copy on 26.08.2022 3/5

To 1.The I Additional District Judge (PCR), Trichy. 2.The Deputy Superintendent of Police, Musiri, Trichy District.

3.The Inspector of Police, Musiri Police Station, Trichy District.

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

4/5

V.SIVAGNANAM, J.

skn ORDER IN CRL.O.P (MD) No.15245 of 2022 25.08.2022 5/5