Madras High Court
Palani @ Pazhanisami vs The Deputy Superintendent Of Police on 28 April, 2023
Author: G.Ilangovan
Bench: G.Ilangovan
Crl.O.P.(MD)No.8095 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 28.04.2023
CORAM :
THE HONOURABLE Mr. JUSTICE G.ILANGOVAN
Crl.O.P.(MD)No.8095 of 2023
1.Palani @ Pazhanisami
2.Veerappan ... Petitioners
Vs.
1.The Deputy Superintendent of Police,
Aranthangi Division,
Aranthangi,
Pudukkottai District.
2.The Special Sub-Inspector of Police,
Aranthangi Police Station,
Aranthangi,
Pudukkottai District.
3.Ravikkumar ... Respondents
Prayer : Criminal Original Petition filed under Section 482 of the Code of
Criminal Procedure, to direct the Special Court for Scheduled Castes and
Scheduled Tribes (Prevention of Atrocities) Act, 1989, Pudukkottai, to accept
the surrender of the petitioners/Accused 2 & 3 and consider their bail
application and grant bail on the date of surrender itself in Crime No.728 of
2022 dated 22.12.2022 on the file of the second respondent police.
For Petitioner : Mr.K.C.Maniyarasu
For R1 and R2 : Mr.R.Suresh Kumar
https://www.mhc.tn.gov.in/judis Government Advocate (Crl. Side)
1/5
Crl.O.P.(MD)No.8095 of 2023
ORDER
This Criminal Original Petition has been filed, invoking Section 482 Cr.P.C., seeking orders to direct the Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Pudukkottai, to accept the surrender of the petitioners/Accused 2 & 3 and consider their bail application and grant bail on the date of surrender itself in Crime No.728 of 2022 dated 22.12.2022 on the file of the second respondent police.
2. The petitioners are the accused for the offences punishable under Sections 147, 148, 294(b), 323, 324 and 506(2) of IPC and Sections 3(1)(r), 3(1)(s), 3(2)(va) of Schedule Castes and Schedule Tribes (Prevention of Atrocities) Amendment Act, 2015 in Crime No.728 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 Government Advocate(Crl. Side) appearing for the respondents 1 and 2 and perused the materials available on record.
4. The learned Government Advocate (Crl. Side) appearing for the respondents 1 and 2 would submit that the petitioners are not having any previous cases and also submitted that it is a case in counter case. https://www.mhc.tn.gov.in/judis 2/5 Crl.O.P.(MD)No.8095 of 2023
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 Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Pudukkottai, to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Crime No. 728 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 15A(3) 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.
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 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.
7. With the above direction, this Criminal Original Petition stands allowed.
28.04.2023 Index : Yes/No Internet:Yes/No tta https://www.mhc.tn.gov.in/judis 3/5 Crl.O.P.(MD)No.8095 of 2023 To
1.Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Pudukkottai.
2.The Deputy Superintendent of Police, Aranthangi Division, Aranthangi, Pudukkottai District.
3.The Special Sub-Inspector of Police, Aranthangi Police Station, Aranthangi, Pudukkottai District.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
https://www.mhc.tn.gov.in/judis 4/5 Crl.O.P.(MD)No.8095 of 2023 G.ILANGOVAN, J., tta Crl.O.P.(MD)No.8095 of 2023 28.04.2023 https://www.mhc.tn.gov.in/judis 5/5