G. Esakki Pandi v. The Deputy Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.08.2022

CORAM

THE HONOURABLE MR. JUSTICE K.MURALI SHANKAR CRL.O.P (MD) No.15642 of 2022 G.Esakki Pandi ... Petitioner/A2 Vs.

1.The Deputy Superintendent of Police, Valliyoor Division, Thirunelveli District.

2.The Inspector of Police, Thisayanvilai Police Station, Thirunelveli District.

Crime No.118 of 2022.

3.M.Rajkumar ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the learned II Additional District and Sessions Judge (PCR), Thirunelveli to consider the bail application of the petitioner on the same date of surrender in Crime No.118 of 2022 on the file of the respondent police. For Petitioner : M/s.G.Vidhyamaheswaran For R1 & R2 : Mr.A.Albert James Government Advocate (Crl. side) 1/4

O R D E R

This Criminal Original Petition has been filed for a direction to direct the learned II Additional District and Sessions Judge (PCR), Thirunelveli, to consider the petitioner's bail application on the same day of his surrender in Crime No.118 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 II Additional District and Sessions Judge (PCR), Thirunelveli, to consider the petitioner's bail application, preferably on the same day of his surrender in connection with Crime No.

118 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 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.

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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 favorably. 4.With the above direction, this Criminal Original Petition is allowed. 30.08.2022 Internet:Yes./No Index:Yes/no sji Note: Issue order copy on 01.09.2022.

To 1.The II Additional District and Sessions Judge (PCR), Thirunelveli. 2.The Deputy Superintendent of Police, Valliyoor Division, Thirunelveli District.

3.The Inspector of Police, Thisayanvilai Police Station, Thirunelveli District.

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

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K.MURALI SHANKAR, J.

sji ORDER IN CRL.O.P (MD) No.15642 of 2022 30.08.2022 4/4