Madras High CourtCRL OP/2604/2023disposed of

Revathi v. The State Rep.By

2023-02-08Honourable Mr Justice G. Chandrasekharan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.02.2023

CORAM

THE HONOURABLE MR.JUSTICE G.CHANDRASEKHARAN Revathi ...

Petitioner /vs/ 1.The Deputy Superintendent of Police, Perambalur, Perambalur District.

2.The State represented by Inspector of Police, Perambalur Police Station, Perambalur District.

(Crime No.901 of 2022) ...

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, Perambalur to consider the bail application of the petitioner concerned in Crime No.901 of 2022, on the file of the Inspector of Police, Perambalur Police Station, Perambalur on her surrender on the same day.

For petitioner ... Mr.C.Prabakaran For Respondents ... Mr.S.Santhosh 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, Perambalur to consider the bail application filed by the petitioner on her surrender in connection with Crime No.901 of 2022 for the offence under Sections 264(b) and 323 of IPC and Sections 3(1)(r) and 3(1)(s) of SC/ST (Prevention of Atrocities) Act, 1989, on the file of the second respondent police on the same day.

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, Perambalur, to consider the petitioner's bail application, preferably on the same day of her surrender in connection with Crime No.901 of 2022 for the offence under Sections 264(b) and 323 of IPC and Sections 3(1)(r) and 3(1)(s) of SC/ST (Prevention of Atrocities) Act, 1989, 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.

08.02.2023 Index: Yes/No Internet: Yes/No Speaking/Non speaking order mpl

G.CHANDRASEKHARAN, J.

mpl To

1. The Special Court for SC/ST Act cases, Perambalur 2.The Deputy Superintendent of Police, Perambalur, Perambalur District.

3.The Inspector of Police, Perambalur Police Station, Perambalur District.

4.The Public Prosecutor, High Court, Madras.

08.02.2023