P.Saravanan v. The Superintendent of Police

ORDER This Criminal Original Petition has been filed, invoking Section 482 Cr.P.C., to direct the learned 1st Additional District and Sessions Judge(Special Court for PCR Act Cases), Trichy, to consider the petitioner's bail application on the same day which would be filed by the petitioner in connection with the crime No.218 of 2023 on the file of the second respondent police.

¶2The petitioner is an accused for the offences punishable under Sections 294(b), 323, 324, 506(ii) of IPC and Sections 3(l)(r), 3(l)(s) and 3(2)(va) of the Scheduled Castes/ Scheduled Tribes (Prevention of Atrocities) Amendmend Act, 2015 and section 4 of Tamilnadu Prohibition of Harassment of Women Act 2002 in Crime No.218 of 2023, pending on the file of the second respondent police and apprehending arrest, he has filed the present petition.

¶3Heard the learned counsel appearing for the petitioner, the learned Additional Public Prosecutor appearing for the respondents 1 and 2 and perused the materials available on record.

¶4The learned Additional Public Prosecutor appearing for the respondents 1 and 2 would submit that the petitioner is not having any previous cases and also submitted that injured has been discharged from the hospital.

¶5In 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 1st Additional District and Sessions Judge(Special Court for PCR Act Cases), Trichy, to consider the petitioner's bail application, preferably on the same day of his surrender in connection with Crime No.218 of 2023 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 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.

¶6It 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.

¶7With the above direction, this Criminal Original Petition stands allowed.

05.06.2023 NCC : Index : Internet : tta To

¶1The 1st Additional District and Sessions Judge(Special Court for PCR Act Cases), Trichy.

2.The Superintendent of Police, Trichy District.

3.State Through, The Sub-Inspector of Police, Thiruverumbur Police Station, Trichy District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. G.ILANGOVAN,J tta Dated: 05.06.2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.06.2023 CORAM THE HON'BLE MR.JUSTICE G.ILANGOVAN P.Saravanan ... Petitioner Vs. 1.State Thourgh, The Superintendent of Police, Trichy District. 2.State Through, The Sub-Inspector of Police, Thiruverumbur Police Station, Trichy District. 3.Duraisamy ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to direct the learned 1st Additional District and Sessions Judge(Special Court for PCR Act Cases), Trichy to consider the petitioner's bail application on the same day which would be filed by the petitioner in connection with the crime No.218 of 2023 on the file of the second respondent police. For Petitioner : Mr.S.Sekar For R1 & R2 : Mr.B.Nambiselvan Additional Public Prosecutor