Madras High Court
Jebars Raja vs The State Rep. By on 19 November, 2024
Author: M.Nirmal Kumar
Bench: M.Nirmal Kumar
Crl.O.P.(MD)No.20003 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 19.11.2024
CORAM
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR
Crl.O.P.(MD)No.20003 of 2024
Jebars Raja .. Petitioner
Vs.
The State Rep. by
1. The Deputy Superintendent of Police
Cheranmahadevi, Tirunelveli District
2. The Inspector of Police
Pathamadai Police Station
Tirunelveli District
3. Mathanraj @ Mathan
4. Mallliga .. Respondents
PRAYER : Criminal Original Petition filed under Section 482 of
Criminal Procedure Code, to direct the Additional District and Sessions
Court (Special Court for PCR act cases) Tirunelveli to accept the surrender
and consider the bail application to be filed by the petitioner on the same
day in Crime No. 248 of 2024 on the file of second respondent police.
For Petitioner : Mr.C. Ezhilarasu
For Respondents : Mr.K.Sanjai Gandhi
No.1& 2 Government Advocate(Crl.Side)
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https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.20003 of 2024
ORDER
This Criminal Original Petition has been filed to direct the Additional District and Sessions Court (Special Court for PCR act cases) Tirunelveli to accept the surrender and consider the bail application to be filed by the petitioner on the same day in Crime No. 248 of 2024 on the file of second respondent police.
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 Additional District and Sessions Court (Special Court for PCR act cases) Tirunelveli to consider the petitioner's bail application, preferably on the same day of his surrender in connection with Crime No.248 of 2024 on the file of the second respondent police and pass appropriate orders, in 2/5 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.20003 of 2024 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.
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.
19.11.2024
NCC : Yes/No
Index : Yes / No
Internet : Yes / No
aav
Note: Issue order copy on 20.11.2024 3/5 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.20003 of 2024 To
1.The Additional District and Sessions Court (Special Court for PCR act cases) Tirunelveli
2. The Deputy Superintendent of Police Cheranmahadevi, Tirunelveli District
3. The Inspector of Police Pathamadai Police Station Tirunelveli District
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
4/5 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.20003 of 2024 M.NIRMAL KUMAR,J.
aav Crl.O.P.(MD)No.20003 of 2024 19.11.2024 5/5 https://www.mhc.tn.gov.in/judis