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Madras High CourtCRL OP(MD)/21852/2022allowed

P.Murugan v. The Deputy Superintendent Of Police

2022-12-13Honourable Mr Justice K.Murali Shankar6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.12.2022

CORAM

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR P.Murugan ... Petitioner Vs.

1.The Deputy Superintendent of Police, Office of Superintendent of Police, Virudhunagar.

2.State represented by The Inspector of Police, Pandalgudi Police Station, Virudhunagar District.

3.Chellamuthu ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to direct the Special Court (PCR) for SC/ST cases, Srivilliputhur to consider the bail application of the petitioner on the same day of his surrender in connection with Crime No.85 of 2022 on the file of the second respondent police.

For Petitioner : Mr.Lakshmi Gopinathan for M/s.Polax Legal Solutions For R1 & R2 : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor 1/6

ORDER

This Criminal Original Petition has been filed, invoking Section 482 Cr.P.C., seeking orders to direct the Special Court (PCR) for SC/ST cases, Srivilliputhur to accept the surrender of the petitioner and consider his bail application on the same day on merits in relating to Crime No.85 of 2022 on the file of the second respondent police.

2. The petitioner is an accused for the offences punishable under Sections 341, 294(b) and 324 IPC and Sections 3(l)(r), 3(l)(s) and 3(2)(va) of SC/ST (Prevention of Atrocities) Act, 1989 in Crime No.85 of 2022, pending on the file of the second respondent and apprehending arrest, he 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. 2/6

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 Special Court (PCR) for SC/ST cases, Srivilliputhur, to consider the petitioner's bail application, preferably on the same day of his surrender in connection with Crime No.85 of 2022 on the file of the second respondent 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.

13.12.2022 Index :

Yes / No Internet :

Yes / No csm 4/6

To 1.The Special Court (PCR) for SC/ST cases, Srivilliputhur.

2.The Deputy Superintendent of Police, Office of Superintendent of Police, Virudhunagar.

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

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K.MURALI SHANKAR,J.

csm Order made in Dated: 13.12.2022 6/6