Madras High CourtCRL OP/2779/2023allowed

Venkadachalam v. The Deputy Superintendent Of Police,

2023-02-09Honourable Mr Justice G. Chandrasekharan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.02.2023

CORAM

THE HONOURABLE MR.JUSTICE G.CHANDRASEKHARAN

1. Venkadachalam

2. Arjunan @ Koolai gounder ... Petitioners vs.

1. The Deputy Superintendent of Police, Sankari Main Road, Salem District - 636 002.

2. The State represented by, The Inspector of Police, Steel Plant Police Station, Salem District.

(Crime No.27 of 2023) ... Respondents Prayer : Criminal Original Petition has been filed under Section 482 of Cr.P.C. to direct the learned Principal District Judge, Salem to accept the surrender of the petitioners and to consider the bail petition on the same day in Crime No.27 of 2023 on the file of the respondent Police. For Petitioners : Mr.K.Sathish Kumar For Respondents : Mr.S.Santhosh Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed seeking for a direction to the learned Principal District Judge, Salem to accept the surrender of the petitioner in connection with the Crime No.27 of 2023 on the file of the respondent police and to consider the petitioners' bail application 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 learned Principal District Judge, Salem to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Crime No.27 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.

09.02.2023 ham Index: Yes/No Speaking/Non speaking order To

1. The Principal District Judge, Salem.

2. The Deputy Superintendent of Police, Sankari Main Road, Salem District - 636 002.

3. The Inspector of Police, Steel Plant Police Station, Salem District.

4. The Public Prosecutor, High Court, Madras.

G.CHANDRASEKHARAN, J.

ham 09.02.2023