Crl.O.P.(MD)No.18911 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 30.10.2024
CORAM
THE HON'BLE MR.JUSTICE K.MURALI SHANKAR
Crl.O.P.(MD)No.18911 of 2024
R.Devendran : Petitioner/Sole Accused
Vs.
1.The Deputy Superintendent of Police,
Orathanadu, Thanjavur District.
2.The Inspector of Police,
Orathanadu Police Station,
Karur District.
3.R.Ramya : Respondents
PRAYER : Criminal Original Petition filed under Section 528 of BNSS,
to direct the I Additional District Judge cum Special Judge, PCR Court,
Thanjavur to consider the bail application filed by the petitioner on the
same day of surrender in Crime No.729 of 2024 on the file of the
Inspector of Police, Orathanadu Police Station, Thanjavur District.
For Petitioner : Mr.R.Murali
For Respondents : Mr.P.Kottai Chamy,
Government Advocate (Criminal Side)
for R1 & R2.
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Crl.O.P.(MD)No.18911 of 2024
ORDER
This Criminal Original Petition has been filed, invoking Section 528
of BNSS, seeking orders, to direct the learned I Additional District Judge
cum Special Judge, PCR Court, Thanjavur, to consider the bail application
filed by the petitioner on the same day of surrender in Crime No.729 of
2024 on the file of the Inspector of Police, Orathanadu Police Station,
Thanjavur District.
2.The petitioner is accused for the offences punishable under
Sections 296(b), 351(2) of BNS and Sections 3(l)(r), 3(l)(s), 3(1)(w)(i) and
3(2)(va) of SC/ST (POA) Act 1989, in Crime No.729 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 State and
perused the materials available on record.
4. The learned Government Advocate (Criminal Side) appearing for
the State would submit that no one was injured in this case and that the
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Crl.O.P.(MD)No.18911 of 2024
petitioner is not having any previous case. He would further submit that
the petitioner and the third respondent are practicing advocate.
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 I Additional District Judge cum Special Judge, PCR Court,
Thanjavur, to consider the petitioner's bail application, preferably on the
same day of his surrender in connection with Crime No.729 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. 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 petitioners 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.
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Crl.O.P.(MD)No.18911 of 2024
7. With the above direction, this Criminal Original Petition stands
allowed.
30.10.2024
NCC : Yes/No
Index : Yes / No
Internet : Yes / No
das
To
1.The I Additional District Judge cum
Special Judge, PCR Court, Thanjavur.
2.The Deputy Superintendent of Police,
Orathanadu, Thanjavur District.
3.The Inspector of Police,
Orathanadu Police Station,
Karur District.
4.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
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Crl.O.P.(MD)No.18911 of 2024
K.MURALI SHANKAR,J.
das
Order made in
Crl.O.P.(MD)No.18911 of 2024
Dated: 30.10.2024
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