Madras High CourtCRL OP(MD)/22960/2022allowed

Muthukaran v. The Deputy Superintendent Of Police

2022-12-23Honourable Mr Justice K.Murali Shankar5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.12.2022

CORAM

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR 1.Muthukarnan 2.Gurusamy 3.Shanmugaraja ... Petitioners Vs.

1.The Deputy Superintendent of Police, O/o. The Deputy Superintendent of Police, Manamadurai, Sivagangai District.

2.State through the Inspector of Police, Manamadurai Police Station, Sivagangai District.

(Crime No.407 of 2022) 3.Sarankumar ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to direct the Special Court for the Exclusive Trial of SC/ST Act cases, Sivagangai to consider the bail application of the petitioners on the same day on merits in connection with the Crime No. 407 of 2022 on the file of the second respondent. 1/5

For Petitioners : Mr.S.Majoj Kumar, For Respondents : Mr.R.Sivakumar, Government Advocate (Crl.Side), for R1 & R2

ORDER

This Criminal Original Petition has been filed, invoking Section 482 Cr.P.C., seeking orders to direct the Special Court for the Exclusive Trial of SC/ST Act cases, Sivagangai to consider the bail application of the petitioners on the same day on merits in connection with the Crime No. 407 of 2022 on the file of the second respondent.

2. The petitioners are accused for the offences punishable under Sections 294(b), 323 and 506(i) IPC r/w Section 3(1)(r), 3(1)(s) of SC/ST (PoA) Amendment Act, 2015 in Crime No.407 of 2022, pending on the file of the second respondent police and apprehending arrest, they have filed the present petition.

3. Heard the learned counsel appearing for the petitioners, the learned Government Advocate (Criminal Side) 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 Special Court for the Exclusive Trial of SC/ST Act cases, Sivagangai, to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Crime No.407 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 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.

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

23.12.2022 Index :

Yes / No Internet :

Yes / No das To 1.The Special Judge for the Exclusive Trial of SC/ST Act cases, Sivagangai.

2.The Deputy Superintendent of Police, O/o. The Deputy Superintendent of Police, Manamadurai, Sivagangai District.

3.The Inspector of Police, Manamadurai Police Station, Sivagangai 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: 23.12.2022 5/5