T.ILLAYARAJA Vs. STATE

JUDGEMENT

(1.) This criminal original petition has been filed seeking a direction to direct the learned II Additional Sessions Judge, (PCR Cases), Tirunelveli, to consider the petitioner's bail application on the day of surrender and dispose on the same date on merits and in accordance with law.

(2.) The learned counsel for the petitioner would submit that based on the complaint given by one Esakkimuthu, the second respondent police registered a case against the petitioner in Crime No.163 of 2020, under Sections 288 , 304 of I.P.C., and Section 8 and 9 of Prohibition of Employment as manual Scavenger & Their Rehabilitation Act , 2013 and Section 3(1)(j) of SC/ST (Prevention of Atrocities) Act, 1989. He would further submit that in the alleged occurrence, the petitioner was arrayed as first accused. When the the deceased cleaning the waste in the septic tank, accidently the occurrence was happened. Therefore, registering the case against the petitioner is unlawful. However, the petitioner is ready to surrender before the Jurisdictional Magistrate and thereby it is necessary to direct the II Additional Sessions Judge, (PCR Cases), Tirunelveli, to consider the petitioner's bail application on the day of surrender.

(3.) The learned Additional Public Prosecutor appearing for the respondents 1 and 2 would submit that since there is a bar in filing an application for anticipatory bail in respect to the cases registered under the provisions of the SC/ST (Prevention of Atrocities) Act, 1989, this Court, by exercising its power under Section 482 Cr.P.C., directs the Trial Judge to consider the bail application filed by the accused on the same day immediately upon his surrender. He would further submit that in this case, the gravity of the offence committed by the petitioner is very serious and as of now, investigation has not been completed. In the said circumstances, if the prayer sought for by the petitioner is allowed in his favour, it is very difficult for the Investigating Officer to complete the investigation.