Madras High CourtCRL OP(MD)/19449/2024disposed of

B. Lalli v. The State Of Tamilnadu

2024-11-12Honourable Mr Justice M. Nirmal Kumar5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.11.2024

CORAM

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

1.The State of Tamil Nadu rep., by The Assistant Commissioner of Police, Tallkulam, Madurai City.

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

Crime No.582 of 2024 3.Poopandi : Respondents PRAYER : Criminal Original Petition filed under Section 528 of BNSS, to direct the learned Sessions Judge, Special Court for trial of cases under SC/ST (Prevention of Atrocities) Act, Madurai, to consider the petitioner's bail application and dispose the same on the same day, if the petitioner surrenders before the Sessions Judge, Special Court for Trial of Cases under SC/ST (Prevention of Atrocities) Act, Madurai, for the case registered in Crime No.582 of 2024 on the file of the second respondent dated 20.06.2024.

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For Petitioner : Mr.A.Rajini For Respondents : Mr.K.Sanjai Gandhi Nos. 1 and 2 Government Advocate (Crl.side)

ORDER

This Criminal Original Petition has been filed to direct the learned Principal District and Sessions Judge, Special Court for trial of cases under SC/ST (Prevention of Atrocities) Act, Madurai, to accept the surrender of the petitioner in Crime No.582 of 2024 on the file of the second respondent 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 Principal District and Sessions Judge, Special Court for trial of cases under SC/ST (Prevention of Atrocities) Act, Madurai, to consider the 2/5

petitioner's bail application, preferably on the same day of his surrender in connection with Crime No.582 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.

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.

12.11.2024 NCC : Yes/No Index : Yes / No Internet : Yes / No Rmk Note: Issue order copy on 13.11.2024 3/5

To 1.The Principal District and Sessions Judge, Special Court for trial of cases under SC/ST (Prevention of Atrocities) Act, Madurai.

2.The The Assistant Commissioner of Police, Tallkulam, Madurai City.

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

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

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M.NIRMAL KUMAR,J.

Rmk 12.11.2024 5/5