Madras High Court
Petitioner vs The Deputy Superintendent Of Police on 20 December, 2022
Crl.O.P.(MD)No.22546 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 20.12.2022
CORAM
THE HON'BLE MR.JUSTICE K.MURALI SHANKAR
Crl.O.P.(MD)No.22546 of 2022
Pandiselvam,
: Petitioner
Vs
1. The Deputy Superintendent Of Police,
Sivagangai, Sivagangai District.
2. The Inspector of Police,
Sivagangai Taluk Police Station,
Sivagangai District.
(Crime No.284/2022).
3. Premkumar,
: Respondents
PRAYER : Criminal Original Petition filed under Section 482 of
Criminal Procedure Code, to direct the learned Sessions judge, Special
Court for Exclusive Trial of Cases under SC/ST (POA) Act, 1989,
Sivagangai to consider the petitioner's bail application on the same day
of his surrender in Crime No.284/2022 on the file of the respondent
police.
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https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.22546 of 2022
For Petitioner : Mr.K.Sathish Kumar
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 Sessions judge, Special Court for Exclusive Trial of Cases under SC/ST (POA) Act, 1989, Sivagangai to consider the petitioner's bail application on the same day of his surrender in Crime No.284/2022 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 and 506(2) IPC r/w Sections 3(l)(r) and 3(l)(s) of the Scheduled Caste and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 in Crime No.284 of 2022, pending on the file of the second respondent police and apprehending arrest, the petitioner has filed the present petition.
3.The learned Government Advocate (Crl.Side) would submit that 2/6 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.22546 of 2022 the injured person was discharged from the hospital and there is one previous case pending against the petitioner.
4. 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.
5. 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 Sessions judge, Special Court for Exclusive Trial of Cases under SC/ST (POA) Act, 1989, Sivagangai, to consider the petitioner's bail application, preferably on the same day of his surrender in connection with Crime No.284 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 3/6 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.22546 of 2022 receipt of a copy of this order.
6. 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.
7. With the above direction, this Criminal Original Petition stands allowed.
20.12.2022
Index : Yes / No
Internet : Yes / No
lr
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https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.22546 of 2022 To
1.The Sessions judge, Special Court for Exclusive Trial of Cases under SC/ST (POA) Act, 1989, Sivagangai.
2. The Deputy Superintendent Of Police, Sivagangai, Sivagangai District.
3. The Inspector of Police, Sivagangai Taluk Police Station, Sivagangai District.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
5/6 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.22546 of 2022 K.MURALI SHANKAR,J.
lr Order made in Crl.O.P.(MD)No.22546 of 2022 Dated: 20.12.2022 6/6 https://www.mhc.tn.gov.in/judis