Crl.O.P.(MD)No.14364 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 30.08.2024
CORAM
THE HON'BLE MR.JUSTICE K.MURALI SHANKAR
Crl.O.P.(MD)No.14364 of 2024
Pavithkumar ... Petitioner
Vs.
1.The Deputy Superintendent of Police,
Melur Sub Division,
Melur,
Madurai.
2.The Inspector of Police,
Melavalavu Police Station,
Madurai District.
3.Madhavan ... Respondents
PRAYER : Criminal Original Petition filed under Section 528 of BNSS,
to direct the learned III Additional District Judge for PCR Cases,
Madurai District to consider the bail application for the petitioner on the
same day in the event of surrender by the petitioner and seek bail in
Crime No.149 of 2024 on the file of the second respondent.
For Petitioner : Mr.B.Vinoth Kumar
For R1 & R2 : Mr.P.Kottai Chamy
Government Advocate (Crl. Side)
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Crl.O.P.(MD)No.14364 of 2024
ORDER
This Criminal Original Petition has been filed, invoking Section
528 B.N.S.S., seeking orders to direct the learned III Additional District
Judge for PCR Cases, Madurai District to accept the surrender of the
petitioner and consider his bail application on the same day on merits in
relating to Crime No.149 of 2024 on the file of the second respondent
police.
2. The petitioner is the third accused for the offences punishable
under Sections 126(2), 296(b), 118(1) and 351(3) BNS and Sections
3(l)(r), 3(l)(s) and 3(2)(va) of the Schedule Caste and the Schedule
Tribes (Prevention of Atrocities) Amendment Act, 2015 in Crime No.149
of 2024, pending on the file of the second respondent police and
apprehending arrest, he has filed the present petition.
3. Heard the learned counsel appearing for the petitioner, the
learned Government Advocate (Criminal Side) appearing for the
respondents 1 and 2 and perused the materials available on record.
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Crl.O.P.(MD)No.14364 of 2024
4. The learned Government Advocate (Criminal Side) appearing
for the respondents 1 and 2 would submit that the petitioner is having
one previous case, that the accused 1 and 2 were arrested and are still in
custody and that the injured was discharged from the hospital.
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 learned III Additional District Judge for PCR Cases,
Madurai District, to consider the petitioner's bail application, preferably
on the same day of his surrender in connection with Crime No.149 of
2024 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 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.
6. At the time of passing orders, the learned III Additional District
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Crl.O.P.(MD)No.14364 of 2024
Judge for PCR Cases, Madurai District, is directed to take note of the
petitioner's bad antecedents also.
7. 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 favorably.
8. With the above direction, this Criminal Original Petition stands
allowed.
30.08.2024
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
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To
1.The III Additional District Judge for PCR Cases,
Madurai District.
2.The Deputy Superintendent of Police,
Melur Sub Division,
Melur,
Madurai.
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Crl.O.P.(MD)No.14364 of 2024
3.The Inspector of Police,
Melavalavu Police Station,
Madurai District.
4.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
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Crl.O.P.(MD)No.14364 of 2024
K.MURALI SHANKAR,J.
csm
Order made in
Crl.O.P.(MD)No.14364 of 2024
Dated: 30.08.2024
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