Madras High CourtCRL OP(MD)/19250/2024disposed of

Arunkumar v. The State Of Tamilnadu

2024-11-11Honourable Mr Justice M. Nirmal Kumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.11.2024

CORAM

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR Arunkumar : Petitioner Vs.

1. The State of Tamilnadu The Deputy Superintendent of Police, Kariyapatti Sub Division, Virudhunagar District.

2. The State of Tamilnadu Rep by the Inspector of Police, Aviyur Police Station, Virudhunagar District.

Crime No.158 of 2024.

3.Nandhakumar : Respondents PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to direct the Special Court SC/ST(POA) Act, Srivilliputhur,Virudhunagar District, to dispose the bail application filed by the petitioners on merits on the same day of their surrender before the above mentioned concerned court in pending investigation of Crime No. 158 of 2024 on the file of the respondent police. For Petitioner : Mr.S.P.Naveenkumar For Respondents : Mr.K.Sanjai Gandhi Nos.1 &2 Government Advocate (Crl.Side) 1/4

ORDER

This Criminal Original Petition has been filed to direct the Special Court SC/ST(POA) Act, Srivilliputhur,Virudhunagar District and to accept the surrender of the petitioner in Crime No.158 of 2024 on the file of the second respondent police and to consider and pass orders on the bail application to be preferred by the petitioner on the same day itself.

2. Heard the learned counsel appearing for the petitioner, the learned Government Advocate (Crl.Side) appearing for the respondents 1 & 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 Special Court SC/ST(POA) Act, Srivilliputhur, Virudhunagar District, to consider the petitioner's bail application, preferably on the same day of his surrender in connection with Crime No.158 of 2024 on the file of the second respondent police and pass appropriate orders, in 2/4

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.

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 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.

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

11.11.2024 NCC : Yes/No Index : Yes / No Internet : Yes / No LS Note: Issue order copy on 12.11.2024 To

1. The Deputy Superintendent of Police, Kariyapatti Sub Division, Virudhunagar District. 3/4

M.NIRMAL KUMAR,J.

2. The State of Tamilnadu Rep by the Inspector of Police, Aviyur Police Station, Virudhunagar District.

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

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