Madras High CourtCRL OP/2698/2023disposed of

Santhi v. The Deputy Superintendent Of Police

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 1.Santhi 2.R.Sekar 3.S.Shanmugam 4.S.Muruganandam ...

petitioners /vs/ 1.The Deputy Superintendent of Police, Panruti, Cuddalore District.

2.State rep.by Inspector of Police, Panruti Police Station, Cuddalore District.

(Crime No.77 of 2023) ...

Respondents Prayer : Criminal Original Petition has been filed under Section 482 of Cr.P.C. to direct the learned Principal Session Judge/The Special Court (SC/ST ACT) Cuddalore District, to consider the bail application on surrendering and filing of the bail application by the petitioners on the same day in Crime No.77/2023 on the file of the 2nd respondent police. For petitioners ... Mr.S.Sathish For Respondents ... Mr.S.Santhosh Government Advocate (crl.side)

ORDER

This Criminal Original Petition has been filed seeking for a direction to the Principal Session Judge/The Special Court (SC/ST ACT) Cuddalore District to consider the bail application filed by the petitioners on their surrender in connection with Crime No.77 of 2023 for the offence under Section 417 of IPC and Section 3(1)(r) of The Sch.Caste and The Sch.Tribes (Prevention of Atrocities) Act, 2015, 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 Principal Session Judge/The Special Court (SC/ST ACT) Cuddalore District, to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Crime No.77 of 2023 for the offence under Section 417 of IPC and Section 3(1)(r) of The Sch.Caste and The Sch.Tribes (Prevention of Atrocities) Act, 2015, 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.

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

G.CHANDRASEKHARAN, J.

mpl To 1.The Principal Session Judge/The Special Court (SC/ST ACT), Cuddalore District 2.The Deputy Superintendent of Police, Panruti, Cuddalore District.

3.The Inspector of Police, Panruti Police Station, Cuddalore District.

4.The Public Prosecutor, High Court, Madras.

08.02.2023