M.Needhi v. The Deputy Superintendent of Police

ORDER This petition has been filed seeking for a direction to the learned III Additional Sessions Judge for PCR Court, Madurai to consider the petitioner's bail application on the same day of filing in Crime No.92 of 2023 on the file of the 2nd respondent police.

¶2In 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 III Additional Sessions Judge for PCR Court, Madurai, to consider the petitioner's bail application, preferably on the same day of his surrender in connection with Crime No.92 of 2023 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.

¶3It 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.

¶4With the above direction, the Criminal Original Petition stands disposed of.

17.05.2023 NCC:Yes/No Index:Yes/No Sm T.V.THAMILSELVI

, J.

Sm To

1.The III Additional Sessions Judge for PCR Court, Madurai.

2.The Deputy Superintendent Of Police, Usilampatti,Madurai District.

3.The Inspector of Police, Chekkanaurarni Police Station, Madurai District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court.

17.05.2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.05.2023 CORAM: THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI M.Needhi ...Petitioner Vs. 1.The Deputy Superintendent Of Police, Usilampatti,Madurai District. 2.The Inspector of Police, Chekkanaurarni Police Station, Madurai District. Crime No.92 of 2023 3.Jothi ...Respondents PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to grant direction to the learned III Additional Sessions Judge for PCR Court, Madurai to consider the petitioner's bail application on the same day of filing in Crime No.92 of 2023 on the file of the 2nd respondent police. For Petitioner : Mr.M.Kannan For Respondents : Mr.A.Albert James (R1 & R2) Government Advocate