Madras High CourtCRL OP(MD)/20834/2024disposed of

Kalimuthu v. The State Of Tamil Nadu

2024-11-29Honourable Mr Justice M. Nirmal Kumar5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.11.2024

CORAM

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

1. The Deputy Superintendent of Police Aranthangi Division Pudukottai District

2. The Inspector of Police Karur Police Station Pudukottai District

3. Kalishwaran 4.Suman .. Respondents PRAYER : Criminal Original Petition filed under Section 528 of BNSS, to direct the learned District and Session Judge Special Court for PCR Act cases, Pudukkottai District, to accept the surrender of the petitioner and consider their bail application on the same day on merit relating to Crime No.41/2024 dated 17.11.2024.

For Petitioner : Mr.S.Sathya chidambaram For Respondents : Mr.K.Sanjai Gandhi No.1& 2 Government Advocate(Crl.Side) 1/5

ORDER

This Criminal Original Petition has been filed to direct the learned District and Session Judge Special Court for PCR Act cases, Pudukkottai District, to accept the surrender of the petitioner and consider their bail application on the same day on merit relating to Crime No.41/2024...

2. Heard the learned counsel appearing for the petitioner, the learned Government Advocate(Crl.Side) appearing for the respondents 1 and 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 District and Session Judge Special Court for PCR Act cases, Pudukkottai District to consider the petitioner's bail application, preferably on the same day of his surrender in connection with Crime No.41 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.

29.11.2024 NCC : Yes/No Index : Yes / No Internet : Yes / No aav Note: Issue order copy on 02.12.2024 3/5

To 1.The District and Session Judge Special Court for PCR Act cases, Pudukkottai District

2. The Deputy Superintendent of Police Aranthangi Division Pudukottai District

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

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M.NIRMAL KUMAR,J.

aav 29.11.2024 5/5