Madras High CourtCRL OP(MD)/18763/2024disposed of

Babu v. The State Of Tamil Nadu

2024-11-04Honourable Mr Justice M. Nirmal Kumar5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.11.2024

CORAM

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR 1.Babu 2.Prabhu 3.Prathap 4.Chakkaravarthy : Petitioners/A1, A4, A5 & A6 Vs.

1.The State of Tamil Nadu, Represented by its, The Deputy Superintendent of Police Melur Circle, Madurai District.

2.The Inspector of Police, Melur Police Station, Madurai District.

Crime No.589 of 2024 ... Respondents/Complainants 3.Vasu ... 3rd Respondent/Defacto complainant PRAYER : Criminal Original Petition filed under Section 528 of BNSS, 2023, permit the petitioners to surrender before the learned III Additional District Judge for PCR Act Cases, Madurai in Crime No.589 of 2024 and file an application for the grant of bail on the same day and in the event of filing the same, the said application may be directed to be considered on the same day on merits and in accordance with law forthwith. 1/5

For Petitioners : Mr.M.Jegadeesh Pandian For Respondents : Mr.K.Sanjai Gandhi No.1 & 2 Government Advocate (Crl. side)

ORDER

This Criminal Original Petition has been filed to direct the learned III Additional District Judge for PCR Act Cases, Madurai and to accept the surrender of the petitioners in Crime No.589 of 2024 on the file of the second respondent and to consider and pass orders on the bail application to be preferred by the petitioners on the same day itself. 2.Heard the learned counsel appearing for the petitioners, the learned Government Advocate (Crl. side) appearing for the respondents 1 and 2 and perused the materials available on record. 3.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 III Additional District Judge for PCR Act Cases, Madurai, to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Crime No.589 of 2024 on the file of the 2/5

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.

4. 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.

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

04.11.2024 NCC : Yes/No Index : Yes / No Internet : Yes / No sji Note: Issue order copy on 05.11.2024 3/5

To 1.The III Additional District Judge for PCR Act Cases, Madurai. 2.The Deputy Superintendent of Police Melur Circle, Madurai District.

3.The Inspector of Police, Melur Police Station, Madurai District.

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

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M.NIRMAL KUMAR,J.

sji 04.11.2024 5/5