M. Murugesan v. The State Of Tamilnadu Rep. By
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.10.2024
CORAM
THE HON'BLE MR.JUSTICE K.MURALI SHANKAR M.Murugesan ... Petitioner Vs.
1.The Deputy Superintendent of Police, Sivagangai Police Division, 2.The Inspector of Police, Thiruppachethi Police Station, (Crime No.182 of 2024) 3.Vinoth Kaamli ... Respondents PRAYER : Criminal Original Petition filed under Section 528 of BNSS, to direct the learned Special Court for (SC/ST (POA) Act Cases), Sivagangai to consider the bail application to be filed by the petitioner on the same day on his surrender in connection with Crime No.182 of 2024 on the file of the second respondent.
For Petitioner : Mr.R.Rajesh Kumar For R1 & R2 : Mr.P.Kottai Chamy Government Advocate (Crl. Side) 1/6
ORDER
This Criminal Original Petition has been filed, invoking Section 528 B.N.S.S., seeking orders to direct the Special Court for (SC/ST (POA) Act Cases), Sivagangai to accept the surrender of the petitioner and consider his bail application on the same day on merits in relating to Crime No.182 of 2024 on the file of the second respondent police.
2. The petitioner is the sole accused for the offences punishable under Sections 296(b), 118(1) and 351(3) BNS and Sections 3(l)(r) and 3(l)(s) of the Schedule Caste and the Schedule Tribes (Prevention of Atrocities) Amendment Act, 2015 in Crime No.182 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. 2/6
4. The learned Government Advocate (Criminal Side) appearing for the respondents 1 and 2 would submit that the petitioner is having three previous cases in Crime Nos.226 of 2011, 174 of 2016 and 49 of 2023 and that the injured was discharged from the hospital.
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 Special Court for (SC/ST (POA) Act Cases), Sivagangai, to consider the petitioner's bail application, preferably on the same day of his surrender in connection with Crime No.182 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. At the time of passing orders, the learned Sessions Judge, 3/6
Special Court for (SC/ST (POA) Act Cases), Sivagangai, is directed to take note of the petitioner's previous cases also.
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 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.
8. With the above direction, this Criminal Original Petition stands allowed.
29.10.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No csm To 1.The Special Court for (SC/ST (POA) Act Cases), Sivagangai.
2.The Deputy Superintendent of Police, Sivagangai Police Division, 4/6
3.The Inspector of Police, Thiruppachethi Police Station, 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: 29.10.2024 6/6