Sriram v. The Deputy Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.01.2023

CORAM

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR Sriram, : Petitioner Vs

1. The Deputy Superintendent Of Police, Kumbakonam, Thanjavur District.

2.The State represented by The Inspector of Police, Patteeswaram Police Station, Thanjavur District.

Crime No. 726 of 2022.

3. B.Sujitha, : Respondents PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to direct the learned District Additional and Sessions Judge (PCR Court), Thanjavur, to consider the bail application of the petitioner on the same day on merits in the event of the petitioner's surrender in connection with Crime No. 726 of 2022 on the file of the respondent.

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For Petitioner : Mr.K.S.Duraipandian 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 District Additional and Sessions Judge (PCR Court), Thanjavur, to consider the bail application of the petitioner on the same day of his surrender in connection with Crime No. 726 of 2022. on the file of the respondent police.

2. The petitioner is an accused for the offences punishable under Sections 147, 148, 294(b), 323, 324, 506(ii) IPC, Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002 and Sections 3(l) (r), 3(l)(s) and 3(2)(va) of the Scheduled Caste and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, in Crime No.726 of 2022, pending on the file of the second respondent police and apprehending arrest, the petitioner has filed the present petition.

3. Heard the learned counsel appearing for the petitioner, the 2/6

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 District Additional and Sessions Judge (PCR Court), Thanjavur, to consider the petitioner's bail application, preferably on the same day of his surrender in connection with Crime No.726 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 3/6

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.

04.01.2023 NCS :

Yes / No Index :

Yes / No Internet :

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

2. The Deputy Superintendent Of Police, Kumbakonam, Thanjavur District.

3. The Inspector of Police, Patteeswaram Police Station, Thanjavur District.

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: 04.01.2023 6/6