Madras High CourtCRL OP/4996/2023allowed

Loganathan v. The Deputy Superintdent Of Policei

2023-03-03Honourable Mr Justice G. Chandrasekharan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.03.2023

CORAM

THE HONOURABLE MR.JUSTICE G.CHANDRASEKHARAN 1.Loganathan 2.Chelladurai 3.Senthilmurugan 4.Govindhan 5.Rajendiran 6.Manikandan 7.Thambidurai 8.Arulpandiyan 9.Selvamani 10.Samykkannu 11.Manikandan @ Chandirasekar 12.Rajalingam 13.Manikandan ... Petitioners /vs/

1. The Deputy Superintendent of Police, Deputy Superintendent of Police office, Thirukovilur.

2. The Inspector of Police, Sankarapuram Police Station, Kallakurichi District.

(Crime No.329/2015) ... Respondents

Prayer : Criminal Original Petition has been filed under Section 482 of Cr.P.C. to direct Sessions Court Villupuram the District Sessions Judge Villupuram, Special Judge for Prevention of SC/ST Atrocities to accept surrender of the petitioners in S.C.No.18 of 2016 before the Special Judge for Prevention of SC/ST Atrocities Act - Villupuram in Crime No.329/2015 and consequently consider the petitioner's bail application on the same day.

For Petitioners ... Mr.V.Gunasekar For Respondents ... Mr.S.Santhosh Government Advocate (crl.side)

ORDER

This Criminal Original Petition has been filed seeking direction to the learned District Sessions Judge Villupuram, Special Judge for Prevention of SC/ST Atrocities to consider the bail application on the same day in connection with S.C.No.18 of 2016 before the Special Judge for Prevention of SC/ST Atrocities Act - Villupuram in Crime No.329 of 2015 on the file of the 2nd respondent police on their surrender.

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 District Sessions Judge Villupuram, Special Judge for Prevention of SC/ST Atrocities to consider the petitioners' bail application, preferably on the same day of their surrender in connection with S.C.No.18 of 2016 before the Special Judge for Prevention of SC/ST Atrocities Act - Villupuram in Crime No.329 of 2015 registered for the offence under Sections 147, 148, 341, 323, 324, 506(ii), 307, 438 of IPC and Section 3(2)(r) 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 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.

03.03.2023 Index: Yes/No Internet: Yes/No Speaking/Non speaking order Sma

G.CHANDRASEKHARAN, J.

Sma To

1. The Deputy Superintendent of Police, Deputy Superintendent of Police office, Thirukovilur.

2. The Inspector of Police, Sankarapuram Police Station, Kallakurichi District.

3.The Public Prosecutor, High Court, Madras.

03.03.2023