Manimegalai v. The Deputy Superintendentof Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.12.2022
CORAM
THE HON'BLE MR.JUSTICE K.MURALI SHANKAR M.Manimegalai : Petitioner Vs.
1. The Deputy Superintendent of Police, Silaiman, Madurai District.
2.State rep.by The Inspector of Police, Silaiman Police Station, Madurai District.
Crime No. 508 of 2022.
: Respondents/Complainants 3.Booma Devi :3rd Respondent/Defacto Complainant PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to direct the learned Special Judge for PCR Act Cases, Madurai to accept the surrender and consider the bail application to be filed by the petitioner in Crime No.508 of 2022 on the file of the second respondent police on the same day on merits . 1/5
For Petitioner : Mr.G.Karuppasamy Pandian, For R1 & R2 : Mr.R.Meenakshi Sundaram, Additional Public Prosecutor
ORDER
This Criminal Original Petition has been filed, invoking Section 482 Cr.P.C., seeking orders to direct the learned Special Judge for PCR Act Cases, Madurai, to accept the surrender of the petitioner and consider her bail application on the same day on merits in relating to Crime No.508 of 2022 on the file of the second respondent police.
2. The petitioner is an accused for the offences punishable under Sections 294(b), 324 IPC and Sections 3(l)(r), 3(l)(s) of SC/ST (POA) Amendment Act, 2015 in Crime No.508 of 2022, pending on the file of the second respondent police and apprehending arrest, she has filed the present petition.
3. Heard the learned counsel appearing for the petitioner, the learned Additional Public Prosecutor appearing for the respondents 1 and 2 and perused the materials available on record. 2/5
4. 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 Judge for PCR Act Cases, Madurai to consider the petitioner's bail application, preferably on the same day of his surrender in connection with Crime No.508 of 2022 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.
5. 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.
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6. With the above direction, this Criminal Original Petition stands allowed.
09.12.2022 Index :
Yes / No Internet :
Yes / No das To 1.The Special Judge for PCR Act Cases, Madurai.
2. The Deputy Superintendent of Police, Silaiman, Madurai District.
3.The Inspector of Police, Silaiman Police Station, Madurai District.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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K.MURALI SHANKAR,J.
das Order made in Dated: 09.12.2022 5/5