K.Karthik @ Thirush v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.08.2024

CORAM

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR K.Karthik @ Thirush : Petitioner/A2 Vs.

1.State rep.by its The Deputy Superintendent of Police (Rural) Guziliamparai Police Station, Vedasendur Taluk, Dindigul District.

2.State rep.by the Inspector of Police, Guziliamparai Police Station, Dindigul District.

Crime No.236 of 2024.

3.Kulanthaivel : Respondents PRAYER : Criminal Original Petition filed under Section 528 of B.N.S.S., to direct the learned Sessions Judge, Special Court for Exclusive Trial of Cases under SC/ST (POA) Act, Dindigul District, to dispose the bail application filed by the petitioner on merits on the same day no his surrender before that Court in connection with Crime No.236 of 2024 on the file of the second respondent.

For Petitioner : Mr.S.Sarvagan Prabhu, 1/5

For Respondents : P.Kottai Chamy, Government Advocate (Criminal Side) for R1 & R2.

ORDER

This Criminal Original Petition has been filed, invoking Section 482 Cr.P.C., seeking orders, to direct the learned Sessions Judge, Special Court for Exclusive Trial of Cases under SC/ST (POA) Act, Dindigul District, to dispose the bail application filed by the petitioner on merits on the same day no his surrender before that Court in connection with Crime No.236 of 2024 on the file of the second respondent.

2.The petitioner is accused for the offences punishable under Sections 191(2), 333, 127(2) 296(b), 115(2), 324(2), 351(2) BNS and Sections 3(l)(r), 3(l)(s) and 3(2)(va) of SC/ST (POA) Act 2015, in Crime No.236 of 2024, pending on the file of the second respondent police and apprehending arrest, he has filed the present petition.

3. When the matter is taken up for hearing today, the learned Government Advocate (Criminal Side) appearing for the State would submit that the petitioner is the second accused and he is not having any previous case.

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4. 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 for Exclusive Trial of Cases under SC/ST (POA) Act, Dindigul District to consider the petitioner's bail application, preferably on the same day of his surrender in connection with Crime No.236 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.

5. 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 favorably.

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

27.08.2024 NCC : Yes/No Index : Yes / No Internet : Yes / No das To 1.The Sessions Judge, Special Court for Exclusive Trial of Cases under SC/ST (POA) Act, Dindigul District.

2.The Deputy Superintendent of Police (Rural) Guziliamparai Police Station, Vedasendur Taluk, Dindigul District.

3.State rep.by the Inspector of Police, Guziliamparai Police Station, Dindigul 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: 27.08.2024 5/5