Suthagar @ Sudhakar v. The Deputy Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.08.2024

CORAM

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR Suthagar @ Sudhakar : Petitioner Vs.

1.The Deputy Superintendent of Police, Thoothukudi Town, Thoothukudi District.

2.The Inspector of Police, SIPCOT Police Station, Thoothukudi District.

3.Senthil Kumar : Respondents PRAYER : Criminal Original Petition filed under Section 528 of BNSS, to direct the Special Court for Exclusive Trial of Cases under SC/ST (POA) Act, Thoothukudi to accept the surrender of the petitioner in connection with Crime No.264 of 2024 pending investigation on the file of the second respondent Police and to consdier their bail application on the same day of surrender.

For Petitioner : Mr.S.Vishnuvardhan For Respondents : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor.

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ORDER

This Criminal Original Petition has been filed, invoking Section 528 BNSS, seeking orders, to direct the Special Court for Exclusive Trial of Cases under SC/ST (POA) Act, Thoothukudi to accept the surrender of the petitioner in connection with Crime No.264 of 2024 pending investigation on the file of the second respondent Police and to consdier their bail application on the same day of surrender.

2.The petitioner is accused for the offences punishable under Sections 191(2), 191(3), 296(b), 109(1), 351(3) BNS 2023, Section 3(1) (r), 3(1)(s) and 3(2)(va) of SC/ST (POA) Act, 1989, in Crime No.264 of 2024, pending on the file of the second respondent police and apprehending arrest, he has filed the present petition. 3.The learned Additional Public Prosecutor appearing for the State would submit that the injured was discharged from the hospital. He would further submit that the petitioner is not having any previous case. 2/5

4. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the State and perused the materials available on record.

5. 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 Exclusive Trial of Cases under SC/ST (POA) Act, Thoothukudi, to consider the petitioner's bail application, preferably on the same day of his surrender in connection with Crime No.264 of 2024 on the file of the second respondent police 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.

6. 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 3/5

consider the bail petition on the same day, does not amount to consider it favorably.

7. With the above direction, this Criminal Original Petition stands allowed.

16.08.2024 NCC : Yes/No Index : Yes / No Internet : Yes / No das To 1.The Special Judge for Exclusive Trial of Cases under SC/ST (POA) Act, Thoothukudi.

2.The Deputy Superintendent of Police, Thoothukudi Town, Thoothukudi District.

3.The Inspector of Police, SIPCOT Police Station, Thoothukudi District.

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

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K.MURALI SHANKAR,J.

das Order made in Dated: 16.08.2024 5/5