Madras High CourtCRL OP/3459/2023allowed

Moorthy v. State Rep.By

2023-02-15Honourable Mr Justice G. Chandrasekharan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.02.2023

CORAM

THE HONOURABLE MR.JUSTICE G.CHANDRASEKHARAN 1.Moorthy 2.Dineshkumar @ Dhinesh ... Petitioners vs 1.The State Rep by The Deputy Superintendent of Police, Mayiladuthurai 2.The Inspector of Police Manalmedu Police Station, (Crime No.19 of 2023) ... Respondents Prayer : Criminal Original Petition has been filed under Section 482 of Cr.P.C. to direct the learned Principal District Sessions Court, Special Court for exclusive trial cases under SC/ST (POA) Act, Nagapattinam to consider the bail application of the petitioners in connection with Crime No.19 of 2023 on the file of Inspector of Police, Manalmedu Police Station, Mayiladuthurai district on the very same day of the surrender of

the petitioner.

For Petitioners : Mr.J.Milton Arul Rajendran 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 Sessions Court, Special Court for exclusive trial cases under SC/ST (POA) Act, Nagapattinam, to consider the bail application on the same day in connection with Crime No.19 of 2023 on the file of the Inspector of Police, Manalmedu Police Station,

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 learned Principal District Sessions Court, Special Court for exclusive trial cases under SC/ST (POA) Act, Nagapattinam, to consider the petitioners' bail application, preferably on the same day of their surrender in

connection with Crime No.19 of 2023 registered for the offences under Sections 147, 148, 294(b), 324 & 506 (ii) of IPC read with Section 3(1)(r), 3(1)(s) & 3(2)(va) of SC/ST (Prevention of Atrocities) Amendment 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.

15.02.2023

Index: Yes/No Internet: Yes/No Speaking/Non speaking order ep G.CHANDRASEKHARAN, J.

ep To 1.The State Rep by The Deputy Superintendent of Police, Mayiladuthurai 2.The Inspector of Police Manalmedu Police Station, 3.The Public Prosecutor, High Court, Madras.

15.02.2023