CRL.O.P (MD) No.10849 of 2022

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 20.06.2022

CORAM

THE HONOURABLE MR. JUSTICE V.SIVAGNANAM

CRL.O.P (MD) No.10849 of 2022

Sekar

... Petitioner/Accused No.2

Vs

1.The Deputy Superintendent of Police,

Aranthangi,

Pudukkottai District.

2.The State Rep. by

The Inspector of Police,

Embal Police Station,

Pudukkottai District.

(Cr.No.15 of 2022)

...1^st & 2^nd Respondents/Complainants

3.Gopal

... 3^rd Respondent/Defacto Complainant

PRAYER: Criminal Original Petition filed under Section 482 of

Cr.P.C, praying to direct the Principal District & Sessions Judge

(PCR Court), Pudukkottai to accept the surrender of the petitioner

and consider his bail application on the same day on merits in

relating to Crime No.15 of 2022, dated 03.05.2022.

For Petitioner

: Mr.D.Rameshkumar

For Respondents

: Mr.A.Albert James,

1 & 2 Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed for a direction,

to direct the learned Principal District & Sessions Judge (PCR

Court), Pudukkottai to consider the petitioner's bail application

in Crime No.15 of 2022, dated 03.05.2022, on the file second

respondent Police.

2. 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 & Sessions Judge (PCR Court), Pudukkottai, to consider the

petitioner's bail application, preferably on the same day of his

surrender in connection with Crime No.15 of 2022 on the file of the

second respondent 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

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CRL.O.P (MD) No.10849 of 2022

concerned jurisdictional Court, within a period of fifteen days,

from the date of the receipt of a copy of this order.

3. 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 favourably.

4. With the above direction, this Criminal Original Petition is

allowed.

Sd/-

Assistant Registrar (W)

// True Copy //

21/06/2022

Sub Assistant Registrar(CS)

vsd

To

1.The Principal District & Sessions Judge (PCR Court),

Pudukkottai.

2.The Deputy Superintendent of Police,

Aranthangi,

Pudukkottai District.

3.The Inspector of Police,

Embal Police Station,

Pudukkottai District.

4.The Additional Public Prosecutor,

Madurai Bench of Madras High Court, Madurai.

ORDER IN

CRL.O.P (MD) No.10849 of 2022

20.06.2022

SR(CO)

GC(21.06.2022) 2P 5C

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