Madras High CourtCRL OP(MD)/20505/2024disposed of

M. Ravish v. The State Of Tamilnadu,

2024-11-25Honourable Mr Justice M. Nirmal Kumar5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.11.2024

CORAM

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

1.The State of Tamil nadu, rep., by the Deputy Superintendent of Police, Sattankulam Division, Thoothukudi District.

2.The Inspector of Police, Sattankulam Police Station, Thoothukudi District.

Crime No.224 of 2024 3.Dinesh Kumar : Respondents PRAYER : Criminal Original Petition filed under Section 528 of BNSS, to direct the Sessions Court for SC/ST Act Cases (PCR) Thoothukudi to dispose of the bail application filed by on behalf of the petitioner on the same date of their surrender in connection with Crime No.224 of 2024 on the file of the second respondent.

For Petitioner : Mr.P.Balamurugan For R1 & R2 : Mr.K.Sanjai Gandhi Government Advocate (Crl.side) 1/5

ORDER

This Criminal Original Petition has been filed to direct the learned Sessions Judge, Special Court SC/ST Act cases (PCR), Thoothukudi, to accept the surrender of the petitioner in Crime No.224 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 Sessions Judge, Special Court SC/ST Act Cases (PCR), Thoothukudi, to consider the petitioner's bail application, preferably on the same day of his surrender in connection with Crime No.224 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 2/5

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.

25.11.2024 NCC : Yes/No Index : Yes / No Internet : Yes / No Rmk Note: Issue order copy on 29.11.2024 3/5

To 1.The Sessions Judge,Special Court SC/ST Act Cases(PCR), Thoothukudi. 2.The Deputy Superintendent of Police, Sattankulam Division, Thoothukudi District.

3.The Inspector of Police, Sattankulam Police Station, Thoothukudi District.

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

4/5

M.NIRMAL KUMAR,J.

Rmk 25.11.2024 5/5