M.Mohammed Farook @ Farook v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.09.2024

CORAM

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR M.Mohammed Farook @ Farook ... Petitioner Vs.

1.The Assistant Commissioner of Police, Tallakulam Range, Madurai City.

2.The Inspector of Police, Thiruppalai Police Station, Madurai City.

(Crime No.87 of 2024) 3.Kavikkakiran ... Respondents PRAYER : Criminal Original Petition filed under Section 528 of BNSS, to direct the III Additional District and Sessions Court and Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, Madurai to accept the surrender of the petitioner and consider his bail application and grant bail on the same date of surrender itself in connection with the case in Crime No.87 of 2024 on the file of the second respondent police.

1/6

For Petitioner : Mr.AK.Azagar Sami For R1 & R2 : Mr.P.Kottai Chamy Government Advocate (Crl. Side)

ORDER

This Criminal Original Petition has been filed, invoking Section 528 B.N.S.S., seeking orders to direct the III Additional District and Sessions Court and Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, Madurai to accept the surrender of the petitioner and consider his bail application on the same day on merits in relating to Crime No.87 of 2024 on the file of the second respondent police.

2. The petitioner is the first accused for the offences punishable under Sections 448, 294(b) and 354 IPC altered into Sections 448, 294(b), 354 IPC r/w Sections 3(l)(w)(ii) and 3(l)(r) of the Schedule Caste and Schedule Tribes (Prevention of Atrocities) Act, 1989 in Crime No.87 of 2024, pending on the file of the second respondent police and apprehending arrest, he has filed the present petition. 2/6

3. Heard the learned counsel appearing for the petitioner, the learned Government Advocate (Criminal Side) appearing for the respondents 1 and 2 and perused the materials available on record.

4. The learned Government Advocate (Criminal Side) appearing for the respondents 1 and 2 would submit that the accused 2 and 4 were already arrested and released on bail by the trial Court, that the third accused was granted anticipatory bail by this Court in Crl.O.P.(MD)No. 10177 of 2024 and that the petitioner is not having any previous cases.

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 III Additional District and Sessions Court and Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, Madurai, to consider the petitioner's bail application, preferably on the same day of his surrender in connection with Crime No. 87 of 2024 on the file of the second respondent police and pass 3/6

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 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.

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

05.09.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No csm 4/6

To 1.The III Additional District and Sessions Court and Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, Madurai.

2.The Assistant Commissioner of Police, Tallakulam Range, Madurai City.

3.The Inspector of Police, Thiruppalai Police Station, Madurai City.

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

5/6

K.MURALI SHANKAR,J.

csm Order made in Dated: 05.09.2024 6/6