Vijayarangan @ Sakthivel v. Deputy Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.01.2023

CORAM

THE HONOURABLE MR.JUSTICE G.CHANDRASEKHARAN 1.Vijayarangan @ Sakthivel 2.Manikandan 3.Ramesh, S/o.Perumal 4.Ramesh, S/o.Ramamoorthy 5.Rajesh Kannan 6.Viswanath

...Petitioners

-vs1.The State rep by The Deputy Superintendent of Police, Kottakuppam, Villupuram District.

2.The Inspector of Police, Auroville Police Station, Villupuram District.

...Respondents

Prayer : Criminal Original Petition has been filed under Section 482 of Cr.P.C. to direct the learned Sessions Judge, Special Court for SC/ST (POA) Act, Villupuram District to consider the petitioners' bail application on the very same day on their

surrender before the Court in connection with Crime No.277 of 2022 on the file of the respondent police.

For Petitioners ... Mr.M.Machavatharan For Respondents ... Mr.S.Santhosh Government Advocate (crl.side)

ORDER

This Criminal Original Petition has been filed to direct the learned Sessions Judge, Special Court for SC/ST (POA) Act, Villupuram District to consider the petitioners' bail application on the very same day on their surrender before the Court in connection with Crime No.277 of 2022 on the file of the respondent police.

2. 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 Sessions Judge, Special Court for SC/ST (POA) Act, Villupuram District to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Crime No.277 of 2022 on the file of the second 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 Jurisdictional Court, within a period of fifteen days from the date of the receipt of a copy of this Order.

3. 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.

4. In view of the above, the Criminal Original Petition stands disposed of. 12.01.2023 Index: Yes/No Internet: Yes/No Speaking/Non speaking order nsa

To 1.The Sessions Judge, Special Court for SC/ST (POA) Act, Villupuram District.

2.The Deputy Superintendent of Police, Kottakuppam, Villupuram District.

3.The Inspector of Police, Auroville Police Station, Villupuram District.

4.The Public Prosecutor, High Court, Madras.

G.CHANDRASEKHARAN, J.

nsa .Crl.O.P.No.927 of 2023 12.01.2023