Kaleeshwaran v. The Deputy Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.08.2022

CORAM

THE HONOURABLE MR. JUSTICE V.SIVAGNANAM CRL.O.P (MD) No.15204 of 2022 Kaleeshwaran, : Petitioner Vs

1. The Deputy Superintendent Of Police, Paramakudi, Ramanthapuram District

2. The Inspector of Police, Paramakudi Town Police Station, Ramanathapuram District (Crime No. 277 of 2022).

3. Sivapriyan, : Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the learned Sessions Judge, Special Court of Exclusive Trial of Cases under SC/ST (POA) Act 1989, Ramanathapuram to consider the petitioner's bail application on the same day of the petitioner's surrender in Crime No. 277 of 2022, on the file of the respondent police. 1/5

For Petitioner : Mr.Sathish Kumar.K, For R1 and 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 Sessions Judge, Special Court of Exclusive Trial of Cases under SC/ST (POA) Act 1989, Ramanathapuram, to consider the petitioner's bail application on the same day of his surrender in Crime No. 277 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 Sessions Judge, Special Court of Exclusive Trial of Cases under SC/ST (POA) Act 1989, Ramanathapuram , to consider the petitioner's bail application, preferably on the same day of his surrender in connection with Crime No. 277 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 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.

24.08.2022 Internet:Yes./No Index:Yes/no lr Note: Issue order copy on 25.08.2022 3/5

To 1.The Sessions Judge, Special Court of Exclusive Trial of Cases under SC/ST (POA) Act 1989, Ramanathapuram.

2. The Deputy Superintendent Of Police, Paramakudi, Ramanthapuram District

3. The Inspector of Police, Paramakudi Town Police Station, Ramanathapuram District 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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V.SIVAGNANAM, J.

lr ORDER IN CRL.O.P (MD) No.15204 of 2022 24.08.2022 5/5