Madras High CourtCRL OP/2298/2023allowed

Devi v. The Deputy Superintendent Of Police

2023-02-03Honourable Mr Justice G. Chandrasekharan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.02.2023

CORAM

THE HONOURABLE MR.JUSTICE G.CHANDRASEKHARAN 1.Devi 2.Kalayarasi 3.Tahutheen ...

Petitioners /vs/ 1.The Deputy Superintendent of Police, Office of District Superintendent of Police, Dharmapuri District.

2.State By The Inspector of Police, Pappireddipatti Police Station, Dharmapuri District.

(Cr.No.15/2023) 3.Karlmarx ...

Respondents Prayer : Criminal Original Petition has been filed under Section 482 of Cr.P.C. to direct the learned Principal District Sessions Judge, Dharmapuri to accept the surrender of the petitioners and consider the bail petition on the very same day in crime No.15 of 2023 on the file of the respondent police.

For Petitioners ... Mr.D.Ramesh Kumar For R 1&2 ... Mr.S.Santhosh Government Advocate (crl.side)

ORDER

This Criminal Original Petition has been filed seeking for a direction to the learned Principal District Sessions Judge, Dharmapuri to accept the surrender of the petitioners and consider the bail petition on the very same day in Crime No.15 of 2023 pending on the file of the respondent police under Sections 294(b), 452, 352 & 506(ii) of IPC and Section 3(1)(r), 3(1)(s) and 3(2)(va) of SC/ST (Prevention of Atrocities) Act, 1989.

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 Principal District Sessions Judge, Dharmapuri, to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Crime No.15 of 2023 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 allowed.

03.02.2023 Index: Yes/No Internet: Yes/No Speaking/Non speaking order gd/skt

G.CHANDRASEKHARAN, J.

gd/skt To

1. The Principal District Sessions Judge, Dharmapuri 2.The Deputy Superintendent of Police, Office of District Superintendent of Police, Dharmapuri District.

3.The Inspector of Police, Pappireddipatti Police Station, Dharmapuri District.

4.The Public Prosecutor, High Court, Madras.

03.02.2023