S.Karthick v. The Deputy Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.12.2022

CORAM

THE HON'BLE MS.JUSTICE R.N.MANJULA 1.S.Karthick 2.S.Boominathan ... Petitioners/ Accused Nos.1 & 2 Vs.

1.The Deputy Superintendent of Police, Kamuthi, Ramanathapuram District.

2. The State Rep. by The Inspector of Police, Abiramam Police Station, Ramanathapuram District.

(Crime No.286 of 2022) .. Respondents 1&2/Complainants 3.Rajapandi .. 3rd Respondent/ Defacto Complainant PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to direct the learned Principal District and Sessions Judge, Special Court for Scheduled Castes and Scheduled 1/6

Tribes(Prevention of Atrocities) Act, Ramanathapuram, to accept the surrender of the petitioners and consider their bail applications and grant bail on the same date of their surrender itself in connection with the case in Crime No.286 of 2022 registered on 23.12.2022 on the file of the second respondent police.

For Petitioners : Mr.S.Bharathi For R1 & R2 : Mr.A.Thiruvadikumar Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed, invoking Section 482 Cr.P.C., seeking orders to direct the learned Principal District and Sessions Judge, Special Court for Scheduled Castes and Scheduled Tribes(Prevention of Atrocities) Act, Ramanathapuram, to accept the surrender of the petitioners and consider their bail application on the same day on merits in relating to Crime No.286 of 2022 on the file of the second respondent police.

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2. The petitioners are the accused for the offences punishable under Sections 341, 294(b), 323 and 506(i) IPC and 3(1)(r) and 3(1)(s), of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, in Crime No.286 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 Additional Public Prosecutor 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 Principal District and Sessions Judge, Special Court for Scheduled Castes and Scheduled Tribes(Prevention of Atrocities) Act, Ramanathapuram, to consider the petitioners' bail application, preferably on the same day of their surrender in connection 3/6

with Crime No.286 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.

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

28.12.2022 Index :

Yes / No Internet :

Yes / No PJL/TRP 4/6

To 1.The Principal District and Sessions Judge, Special Court for Scheduled Castes and Scheduled Tribes(Prevention of Atrocities) Act, Ramanathapuram, 2.The Deputy Superintendent of Police, Kamuthi, Ramanathapuram District.

3.The Inspector of Police, Abiramam Police Station, Ramanathapuram District.

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

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R.N.MANJULA, J.

PJL/TRP Order made in Dated: 28.12.2022 6/6