Madras High CourtCRL OP/522/2023disposed of

Vinayagamoorthi v. The Deputy Superintendent Of Police,

2023-01-10Honourable Mr Justice G. Chandrasekharan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.01.2023

CORAM

THE HONOURABLE MR.JUSTICE G.CHANDRASEKHARAN 1.Vinayagamoorthi 2.Ramesh 3.Mathi ...

Petitioners Vs.

1.The Deputy Superintendent of police, Cuddalore, Cuddalore District.

2.The State Rep. By The Inspector of Police, Cuddalore O.T. Police Station, Cuddalore.

...

Respondents Prayer : Criminal Original Petition has been filed under Section 482 of Cr.P.C. to direct the Special Court for SC & ST Act Cases, Cuddalore to consider the bail applications proposed to be filed by the petitioners in Crime No.580 of 2022, pending on the file of the Cuddalore O.T.Police Station, on the same day, when the petitioners are surrender before the Court. For Petitioners ... Mr.B.Jawahar For Respondents ... Mr.S.Santhosh for R1 & R2, Government Advocate (crl.side)

ORDER

This Criminal Original Petition has been filed seeking for a direction to the Special Court for SC & ST Act Cases, Cuddalore to consider the bail applications of the petitioners on the same of their surrender in Crime No.580 of 2022, pending on the file of the second respondent.

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 Special Court for SC & ST Act Cases, Cuddalore to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Crime No.580 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. 10.01.2023 Index: Yes/No Internet: Yes/No Speaking/Non speaking order shk To 1.The Deputy Superintendent of police, Cuddalore, Cuddalore District.

2.The Inspector of Police, Cuddalore O.T. Police Station, Cuddalore.

3.The Public Prosecutor, High Court, Madras.

G.CHANDRASEKHARAN, J.

shk 10.01.2023