G.Senthil Murugan @ Senthil v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.10.2024

CORAM

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY G.Senthil Murugan @ Senthil ... Petitioner/Sole Accused Vs.

1.The Deputy Superintendent of Police, Kovilpatti, Sub Division, Kovilpatti, Thoothukudi District.

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

(In Crime No.62 of 2024) ... Respondents1&2/Complainants 3.Paramasivan ... 3rd Respondent/Defacto Complainant PRAYER : Criminal Original Petition filed under Section 528 of BNSS, to direct the learned Sessions Judge, Special Court for SC/ST (POA) Act, Thoothukudi, to consider the bail application of the petitioner on the same day of his surrender in Crime No.62 of 2024 on the file of the 1st and 2nd respondents police.

For Petitioner : Mr.N.Pragalathan For R1 & R2 : Mr.P.Kottai Chamy Government Advocate (Crl. Side) 1/5

ORDER

This Criminal Original Petition has been filed, invoking Section 528 B.N.S.S., seeking orders to direct the learned Sessions Judge, Special Court for SC/ST (POA) Act, Thoothukudi, to accept surrender of the petitioner and consider his bail application on the same day and merits in relating to Crime No.62 of 2024 dated 01.10.2024 on the file of the respondent police.

2. The petitioner is the accused for the offence punishable under Sections 296(b), 115(2) of the Bharatiya Nyaya Sanhita (BNS), 2023 and Sections 3(1)(r), 3(1)(s) and 3(2)(Va) of the Schedule Castes and Schedule Tribes (Prevention of Atrocities) Amendment Act, in Crime No.62 of 2024, pending on the file of the second respondent police and apprehending arrest, he has filed the present petition.

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. 2/5

4. The learned Government Advocate (Criminal Side) appearing for the respondents 1 and 2 would submit 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 learned Sessions Judge, Special Court for 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.62 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 3/5

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.

18.10.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No dss To 1.Theearned Sessions Judge, Special Court for SC/ST (POA) Act, Thoothukudi, 2.The Deputy Superintendent of Police, Kovilpatti, Sub Division, Kovilpatti, Thoothukudi District.

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

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

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D.BHARATHA CHAKRAVARTHY,J.

dss 18.10.2024 5/5