Rajkumar v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.10.2024
CORAM
THE HON'BLE MR.JUSTICE K.MURALI SHANKAR 1.Rajkumar 2.Aushvini @ Aswini 3.Suresh Subramanian 4.Rasitha @ Rasheda 5.Kathirvel 6.Sivasubramanian 7.Pathmavathi ... Petitioners Vs.
1.State through The Assistant Commissioner of Police, Tirunelveli Junction, Tirunelveli District.
2.State rep by The Inspector of Police, Tirunelveli Junction Police Station, Tirunelveli District.
(Crime No.292 of 2024) 1/6
3.Arvind Subramanian ... Respondents PRAYER : Criminal Original Petition filed under Section 528 of BNSS, to direct the learned II Additional District Judge (PCR), Tirunelveli District to consider the petitioners bail applications on the same day of surrender in Crime No.292 of 2024 dated 28.08.2024 on the file of the second respondent police.
For Petitioners : Mr.K.Prabhu 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 II Additional District Judge (PCR), Tirunelveli District to accept surrender of the petitioners and consider their bail application on the same day and merits in relating to Crime No.292 of 2024 dated 28.08.2024 on the file of the respondent police.
2. The petitioners are the accused 1 to 7 for the offences punishable under Sections 147, 294(b), 268, 406 and 425 BNS and Sections 3(l)(r), 3(l)(s) and 3(2)(va) of the Schedule Caste and the 2/6
Schedule Tribes (Prevention of Atrocities) Amendment Act, 2015 in Crime No.292 of 2024, pending on the file of the second respondent police and apprehending arrest, they have filed the present petition.
3. Heard the learned counsel appearing for the petitioners, 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 petitioners have trespassed into the house of the third respondent and caused damages to the tune of Rs.45,000/- and that the petitioners are 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 learned II Additional District Judge (PCR), Tirunelveli 3/6
District, to consider the petitioners' bail applications, preferably on the same day of their surrender in connection with Crime No.292 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 petitioners 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 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.
04.10.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No csm 4/6
To 1.The II Additional District Judge (PCR), Tirunelveli District.
2.The Assistant Commissioner of Police, Tirunelveli Junction, Tirunelveli District.
3.The Inspector of Police, Tirunelveli Junction Police Station, Tirunelveli District.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
5/6
K.MURALI SHANKAR,J.
csm Order made in Dated: 04.10.2024 6/6