Siva Sundar Raman v. The Deputy Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.08.2022
CORAM
THE HONOURABLE MR. JUSTICE V.SIVAGNANAM CRL.O.P (MD) No.15292of 2022
1. Siva Sundra Raman
2. Ramar
...Petitioners
.vs.
1. The Deputy Superintendent of Police Kovilpatti, Thoothukudi District
2. The Inspector of Police Kovilpatti West Police Station Thoothukudi District
3. Sivasankaran
...Respondents
PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the learned District and Sessions Judge cum Special Court for Offence under(SC/ST)POA Amendment act cases, (PCR Court), Tuticorin,Tuticorin District, to accept the surrender of the petitioners and consider the bail application on the same day on merit relating to Crime No. 462 of 2022 dated 04.08.2022.
For Petitioners : Mr.S.Sathya Chidambaram For Respondents : Mr.A.Albert James No.1 & 2 : Government Advocate(Crl.Side) 1/5
O R D E R
This Criminal Original Petition has been filed for a direction to direct the learned District and Sessions Judge cum Special Court for Offence under(SC/ST)POA Amendment act cases, (PCR Court), Tuticorin,Tuticorin District, to accept the surrender of the petitioners and consider the bail application on the same day on merit relating to Crime No.462 of 2022 dated 04.08.2022.
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 District and Sessions Judge cum Special Court for Offence under(SC/ST)POA Amendment act cases, (PCR Court), Tuticorin,Tuticorin District, to consider the petitioners bail application, preferably on the same day of their surrender in connection with Crime No. 462 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 petitioners shall surrender before the concerned 2/5
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.
25.08.2022 Internet:Yes./No Index:Yes/no aav Note: Issue order copy on 29.08.2022 3/5
To 1.The District and Sessions Judge cum Special Court for Offence under(SC/ST)POA Amendment act cases, (PCR Court), Tuticorin,Tuticorin District
2. The Deputy Superintendent of Police Kovilpatti, Thoothukudi District
3. The Inspector of Police Kovilpatti West Police Station Thoothukudi 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.15292 of 2022 25.08.2022 5/5