Madras High CourtCRL OP/2865/2023allowed

Anthony Joseph v. 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 Anthony Joseph ... Petitioner vs.

The State represented by,

1. The Deputy Superintendent of Police, Cuddalore District, Cuddalore.

2. The Inspector of Police, Neyveli Thermal Police Station, Cuddalore District.

(Crime No.13 of 2023) ... Respondents Prayer : Criminal Original Petition has been filed under Section 482 of Cr.P.C. to direct the Special Court (SC/ST) Act, Cuddalore to to consider the bail application sympathetically and pass orders on merits on the same day on the petitioner's surrender in connection with Crime No.13 of 2023 pending investigation on the file of the respondent Police. For Petitioner : Mr.K.Gandhi 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 Special Court (SC/ST) Act, Cuddalore to accept the surrender of the petitioner in connection with the Crime No.13 of 2023 on the file of the respondent police and to consider the petitioner's 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 Special Court (SC/ST) Act, Cuddalore to consider the petitioner's bail application, preferably on the same day of their surrender in connection with Crime No.13 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 Special Court (SC/ST) Act, Cuddalore.

2. The Deputy Superintendent of Police, Cuddalore District, Cuddalore.

3. The Inspector of Police, Neyveli Thermal Police Station, Cuddalore District.

4. The Public Prosecutor, High Court, Madras.

G.CHANDRASEKHARAN, J.

ham 09.02.2023