Madras High Court
Kumar @ Murugan vs The Inspector Of Police on 5 January, 2023
Crl.O.P..Nos.31208 & 31368 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.01.2023
CORAM:
THE HONOURABLE MR. JUSTICE G.CHANDRASEKHARAN
Crl.O.P.Nos.31208 & 31368 of 2022
Kumar @ Murugan ... Petitioner in Crl.O.P.No.31208 of 2022
1.Pettai Sankar @ Ilangovan
2.Veeramani
3.Mittai Murugan
4.Prabakaran ... Petitioners in Crl.O.P.No.31368 of 2022
Vs.
1.The Inspector of Police,
PCR Cell, Karaikal.
2.Rajendran ... Respondents in Crl.O.P.Nos.31208 &
31368 of 2022
COMMON PRAYER: Criminal Original Petitions filed under Section 482
Cr.P.C. praying to direct the learned II Additional Sessions Judge, (Special
Court under ST & SC Atrocities Act at Pondicherry) to consider the
petitioners' bail application on the same day on their surrender in connection
with the Crime No.1 of 2022 pending on the file of the PCR Cell, Karaikal.
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Crl.O.P..Nos.31208 & 31368 of 2022
In both Crl.O.Ps.
For Petitioners : M/s.Pondy Law Firm
For Respondent : Mr.V.Balamurugane
No.1 Public Prosecutor, Puducherry.
For Respondent : Mr.S.Vinothkumar
No.2
COMMON ORDER
These Criminal Original Petitions have been filed to direct the II
Additional Sessions Judge, (Special Court under ST & SC Atrocities Act at
Pondicherry) to consider the petitioners' bail application on the same day on
their surrender in connection with the Crime No.1 of 2022, pending on the file
of the first respondent.
2.The learned counsel for the petitioners submitted that the second
respondent lodged a complaint against the petitioners with the first
respondent and the same was registered in Crime No.1 of 2022, for the
offences under Sections 3 (1) (f) (g) (r) and (s) of SC/ST (Prevention of
Atrocities) Act, 1989 and Sections 109, 427, 506 (ii) IPC r/w 34 IPC. He
further submitted that on account of the land dispute between the second
respondent and the fifth accused Prabakaran, the second respondent with an
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Crl.O.P..Nos.31208 & 31368 of 2022
intention to threaten the said Prabakaran had lodged this complaint against the
petitioners. Therefore, this petition.
3.The learned counsel for the second respondent strongly opposed this
petition by referring to Section 18-A of the SC & ST (Prevention of
Atrocities) Act, 1989 (hereinafter referred to as 'the Act'). Section 18-A (2) of
the Act reads as follows:
(2) The provisions of section 438 of the
Code shall not apply to a case under this Act,
notwithstanding any judgment or order or
direction of any Court.
He further brought to the notice of this Court, the Rights of victims and
witnesses under Section 15-A of the Act. As per Section 15-A (3) of the Act,
a victim or his dependent shall have the right to reasonable, accurate, and
timely notice of any Court proceeding including any bail proceeding and the
Special Public Prosecutor or the State Government shall inform the victim
about any proceedings. As per Section 15-A (5), a victim or his dependent
shall be entitled to be heard at any proceeding in respect of bail, discharge,
release, parole, conviction or sentence of an accused or any connected
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Crl.O.P..Nos.31208 & 31368 of 2022
proceedings or arguments and file written submission on conviction, acquittal
or sentencing.
4.This Court totally agrees with the submissions of the learned counsel
for the second respondent. This Court is not ordering any anticipatory bail to
the petitioners. The very prayer in these petitions is that on surrendering of
the petitioners and filing bailing application, it is requested that the bail
application may be considered on the same day. Granting of these reliefs does
not amount to grant of anticipatory bail or bail.
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 of the possibility of misusing the pious intention of the
Parliament against innocent persons, there shall be a direction to the learned
II Additional Sessions Judge, (Special Court under ST & SC Atrocities Act at
Pondicherry) to consider the petitioners' bail application, preferably on the
same day of their surrender in connection with Crime No. 1 of 2022 on the
file of the first respondent and pass appropriate orders in accordance with law,
after affording due opportunity to the victims under Section 15-A of the
SC/ST (POA) Act, 1989. The petitioners shall surrender before the concerned
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Crl.O.P..Nos.31208 & 31368 of 2022
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 favourably.
7.In view of the above, the Criminal Original Petitions stand disposed
of.
05.01.2023
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Internet:Yes
Index:Yes/No
Speaking/Non speaking order
To:
1. The II Additional Sessions Judge,
Special Court under ST & SC Atrocities Act,
Pondicherry.
2.The Inspector of Police,
PCR Cell, Karaikal.
3.The Public Prosecutor,
High Court of Madras.
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Crl.O.P..Nos.31208 & 31368 of 2022
G.CHANDRASEKHARAN, J.
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Crl.O.P. Nos.31208 & 31368 of 2022
05.01.2023
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