M. Abdullah v. The Deputy Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.12.2022

CORAM

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR

1. M. Abdullah,

2. J.Faizal @ Faizalahamed,

3. N. Shahul @ Shagul Hameed,

4. J.Sirajudeen, : Petitioners Vs

1. The Deputy Superintendent Of Police, DSP Office Thanjavur Town,

2. The Inspector of Police, Thanjavur Town South Police Station, (Crime No.1574/2022).

3. S. Chandran, : Respondents PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to direct the learned 1st Additional District and Sessions Judge Cum (PCR Court), Thanjavur, to accept the surrender of the Petitioners and to consider the Petitioners' bail petition on the same day in accordance with law of their surrender in connection with 1/6

Crime No.1574 of 2022, on the file of the Inspector of Police Town South Police Station, Thanjavur District.

For Petitioners : Mr.A.Senthil Kumar For R1 & R2 : Mr.R.Sivakumar Government Advocate (Crl.Side)

ORDER

This Criminal Original Petition has been filed, invoking Section 482 Cr.P.C., seeking orders to direct the learned 1st Additional District and Sessions Judge Cum (PCR Court), Thanjavur, to accept the surrender of the Petitioners and to consider the Petitioners' bail petition on the same day of their surrender in connection with Crime No.1574 of 2022, on the file of the Inspector of Police Town South Police Station,

2. The petitioners are the accused for the offence punishable under Sections 147, 341, 294(b), 323, 324 and 506(2) IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002 and Section 3(1)(x) of the Scheduled Caste and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 in Crime No.1574 of 2022, pending on the file of 2/6

the second respondent police and apprehending arrest, the petitioner has filed the present petition.

3. Heard the learned counsel appearing for the petitioners, the learned Government Advocate (Crl.Side) appearing for the respondents 1 and 2 and perused the materials available on record.

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 1st Additional District and Sessions Judge Cum (PCR Court), Thanjavur, to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Crime No.1574 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 petitioners shall surrender before the concerned jurisdictional Court, within a period of fifteen days, from the date of the receipt of a copy of 3/6

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 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.

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

20.12.2022 Index :

Yes / No Internet :

Yes / No lr 4/6

To 1.The 1st Additional District and Sessions Judge Cum (PCR Court), Thanjavur.

2. The Deputy Superintendent Of Police, DSP Office Thanjavur Town,

3. The Inspector of Police, Thanjavur Town South Police Station, 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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K.MURALI SHANKAR,J.

lr Order made in Dated: 20.12.2022 6/6