Crl.O.P.(MD)No.20880 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 29.11.2024
CORAM
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR
Crl.O.P.(MD)No.20880 of 2024
Arun @ Arunpandian .. Petitioner
Vs.
1. The Deputy Superintendent of Police
Nanguneri Division
Tirunelveli District
2. The Inspector of Police
Thisayanvilai Police Station
Tirunelveli District
3. Sundarasekar .. Respondents
PRAYER : Criminal Original Petition filed under Section 528 of BNSS,
to direct the learned II Additional District and Sessions Court (PCR Court)
Tirunelveli to accept the petitioner's surrender and to pass order on the bail
petition on the same day in Crime No. 673 of 2024 on the file of the
second respondent police
For Petitioner : Mr.V.Sasikumar
For Respondents : Mr.K.Sanjai Gandhi
No.1& 2 Government Advocate(Crl.Side)
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Crl.O.P.(MD)No.20880 of 2024
ORDER
This Criminal Original Petition has been filed to direct the learned II
Additional District and Sessions Court (PCR Court) Tirunelveli to accept
the petitioner's surrender and to pass order on the bail petition on the same
day in Crime No. 673 of 2024 on the file of the second respondent police
2. Heard the learned counsel appearing for the petitioner, the
learned Government Advocate(Crl.Side) appearing for the respondents 1
and 2 and perused the materials available on record.
3. 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 II Additional District and Sessions Court (PCR Court) Tirunelveli
to consider the petitioner's bail application, preferably on the same day of
his surrender in connection with Crime No.673 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
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Crl.O.P.(MD)No.20880 of 2024
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.
4. 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.
5. With the above direction, this Criminal Original Petition stands
allowed.
29.11.2024
NCC : Yes/No
Index : Yes / No
Internet : Yes / No
aav
Note: Issue order copy on 02.12.2024
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Crl.O.P.(MD)No.20880 of 2024
To
1.The II Additional District and Sessions Court (PCR Court) Tirunelveli
2. The Deputy Superintendent of Police
Nanguneri Division
Tirunelveli District
3. The Inspector of Police
Thisayanvilai Police Station
Tirunelveli District
4.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
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Crl.O.P.(MD)No.20880 of 2024
M.NIRMAL KUMAR,J.
aav
Crl.O.P.(MD)No.20880 of 2024
29.11.2024
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