Madras High CourtCRL OP/1839/2023disposed of

M.Manikandan v. Deputy Superintendent Of Police

2023-01-27Honourable Mr Justice G. Chandrasekharan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.01.2023

CORAM

THE HONOURABLE MR.JUSTICE G.CHANDRASEKHARAN M.Manikandan ... Petitioner vs 1.The Deputy Superintendent of Police, Kallakurichi District - 606 202.

2.The State of Tamil Nadu, Rep. by its Inspector of Police, E-10, Moongilthuraipattu Police Station, Kallakurichi - 605 702.

...

Respondents Prayer: Criminal Original Petition has been filed under Section 482 of Cr.P.C. to direct the learned Principal District and Sessions Judge, Villupuram to consider the bail application of the petitioner concerned in Crime No.6 of 2023, on the file of the second respondent on their surrender on the same day on such terms and conditions.

For Petitioner ... Ms.S.Menaka For Respondents ... Mr.S.Santhosh Government Advocate (Crl.Side)

ORDER

This Criminal Original Petition has been filed seeking for a direction to the learned Principal District and Sessions Judge, Villupuram to consider the bail application of the petitioner concerned in Crime No.6 of 2023, on the file of the second respondent on his surrender on the same day on such terms and conditions. 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 and Sessions Judge, Villupuram, to consider the petitioner's bail application, preferably on the same day of his surrender in connection with Crime No.

6 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 petitioner 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 petitioner 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. 27.01.2023 Index: Yes/No Internet: Yes/No Speaking/Non speaking order sp To 1.The Special Court for SC/ST (POA) Act Court, Perambalur. 2.The Superintendent of Police, Perambalur Taluk, Perambalur District. 3.The Inspector of Police, Mangalamedu Police Station, Perambalur District. 4.The Public Prosecutor, High Court, Madras.

G.CHANDRASEKHARAN, J.

sp 27.01.2023