Madras High CourtCRL OP(MD)/19219/2024disposed of

Eniyarasan v. The Deputy Superintendent Of Police

2024-11-08Honourable Mr Justice M. Nirmal Kumar5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.11.2024

CORAM

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR

1. Eniyarasan

2. Ramasami

3. Natarajan

4. Navinkumar @ Naveen .. Petitioners Vs.

1. The Deputy Superintendent of Police Keeranur Sub Division, Pudukottai District

2. The Inspector of Police Udaiyalipatti Police Station Pudukottai District

3. K.Arjunan : Respondents PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to direct the District and Sessions P.C.R Court Pudukottai under SC/ST Prevention of Atrocities Act to consider the bail application on the surrender of the petitioner in connection with Crime No. 130 of 2024 pending investigation on the file of the second respondent on merits on the same day.

For Petitioners : Mrs. A. Banumathy 1/5

For Respondents : Mr.A.Thiruvadikumar No.1& 2 Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to direct the District and Sessions P.C.R Court Pudukottai under SC/ST Prevention of Atrocities Act to consider the bail application on the surrender of the petitioner in connection with Crime No.130 of 2024 pending investigation on the file of the second respondent on merits on the same day.

2. Heard the learned counsel appearing for the petitioners, the learned Additional Public Prosecutor 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 District and Sessions P.C.R Court Pudukottai under SC/ST Prevention of Atrocities Act, to consider the petitioners bail application, preferably on the same day of their surrender in connection with Crime No.130 of 2024 on the file of the second respondent police and pass appropriate orders, in 2/5

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.

08.11.2024 NCC : Yes/No Index : Yes / No Internet : Yes / No aav Note: Issue order copy on 11.11.2024 3/5

To 1.The District and Sessions P.C.R Court Pudukottai under SC/ST Prevention of Atrocities Act

2. The Deputy Superintendent of Police Keeranur Sub Division, Pudukottai District

3. The Inspector of Police Udaiyalipatti Police Station Pudukottai District 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

4/5

M.NIRMAL KUMAR,J.

aav 08.11.2024 5/5