Advocates:
['M/s Lenin Kumar T', '', '', 'Mathubalan A M B', 'Ramnath R', 'Public Prosecutor', 'R']

CRL.O.P (MD) No.12715 of 2022

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 14.07.2022

CORAM

THE HONOURABLE MR. JUSTICE V.SIVAGNANAM

CRL.O.P (MD) No.12715 of 2022

Sakthivel

... Petitioner/Sole Accused

Vs.

1.The Deputy Superintendent of Police,

Aranthangi,

Pudukottai District.

...1^st Respondent/Investigating Officer

2.The Inspector of Police,

Nagudi Police Station,

Pudukottai District.

(Crime No.138 of 2022)

...2^nd Respondent/Complainant

3.Alamelu

... 3^rd Respondent/Defacto Complainant

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C,

praying to issue a direction, directing the Special Court for Trial of SC/ST

Act Cases, Pudukottai to consider the petitioner's bail application on the

same day of his surrender in Crime No.138 of 2022 on the file of the Nagudi

Police Station, Pudukottai District.

For Petitioner

: Mr.T.Leninkumar

Advocate.

For R1 – R2 : Mr.A.Albert James,

Government Advocate (Crl.Side)

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CRL.O.P (MD) No.12715 of 2022

ORDER

This Criminal Original Petition has been filed for a direction to direct

the learned Judge, Special Court for Exclusive Trial of SC/ST (POA) Act

Cases, Pudukottai, to consider the petitioner's bail application on the same

day of his surrender in Crime No.138 of 2022 on the file of the 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 Judge, Special Court for Exclusive Trial of SC/ST (POA) Act

Cases, Pudukottai, to consider the petitioner's bail application, preferably on

the same day of his surrender in connection with Crime No.138 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 concerned

jurisdictional Court, within a period of fifteen days, from the date of the

receipt of a copy of this Order.

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CRL.O.P (MD) No.12715 of 2022

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.

14.07.2022

Internet:Yes./No

Index:Yes/no

vsd

Note: Issue Order Copy on 18.07.2022

To

1.The Deputy Superintendent of Police,

Aranthangi,

Pudukottai District.

2.The Inspector of Police,

Nagudi Police Station,

Pudukottai District.

(Crime No.138 of 2022)

3.The Additional Public Prosecutor,

Madurai Bench of Madras High Court,

Madurai.

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CRL.O.P (MD) No.12715 of 2022

V.SIVAGNANAM, J.

vsd

ORDER IN

CRL.O.P (MD) No.12715 of 2022

14.07.2022

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