Sudhakar v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.10.2024

CORAM

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

1.State represented by its The Deputy Superintendent of Police, Musiri, Trichy District.

2.The Inspector of Police, Musiri Police Station, Trichy District.

(Crime No.185 of 2024) 3.Ganesan ... Respondents PRAYER : Criminal Original Petition filed under Section 528 BNSS, to to direct the I Additional District Judge (PCR), Trichy to consider the bail application of the petitioner on the same day of his surrender before that Court in connection with Crime No.185 of 2024 on the file of the second respondent.

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For Petitioner : Mr.K.Arunraj 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 learned I Additional District Judge (PCR), Trichy to accept the surrender of the petitioner and consider his bail application on the same day on merits in relating to Crime No.185 of 2024 on the file of the second respondent police.

2. The petitioner is the second accused for the offences punishable under Sections 191(2), 191(3), 296(b), 329(4), 115(2), 118(1) and 351(3) BNS altered into Sections 191(2), 191(3), 296(b), 329(4), 115(2), 118(1) and 351(3) BNS and Sections 3(l)(r), 3(l)(s) and 3(2)(va) of the Schedule Caste and Schedule Tribes (Prevention of Atrocities) Amendment Act, 1989 in Crime No.185 of 2024, pending on the file of the second respondent police and apprehending arrest, he has filed the present petition.

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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. No doubt, the petitioner's earlier petition was dismissed by this Court in Crl.O.P.(MD)No.11694 of 2024 vide order dated 26.07.2024.

5. The learned Government Advocate (Criminal Side) appearing for the respondents 1 and 2 would submit that the petitioner is not having any previous cases and that the injured was discharged from the hospital

6. 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 I Additional District Judge (PCR), Trichy, to consider the petitioner's bail application, preferably on the same day of his surrender in connection with Crime No.185 of 2024 on the file of the second respondent police and pass appropriate orders, in accordance with 3/6

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.

7. 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.

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

17.10.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No csm To 1.The I Additional District Judge (PCR), Trichy.

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2.The Deputy Superintendent of Police, Musiri, Trichy District.

3.The Inspector of Police, Musiri Police Station, Trichy District.

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

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K.MURALI SHANKAR,J.

csm Order made in Dated: 17.10.2024 6/6