Chandhiran v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.03.2023

CORAM

THE HONOURABLE MR.JUSTICE G.CHANDRASEKHARAN 1.Chandiran 2.Sathish 3.Kumar 4.Govinaraj 5.Muiraj 6.Shanthi ... Petitioners /vs/

1. Deputy Superintendent of Police, Palacode, Dharmapuri District.

2. The Inspector of Police, Palacode Police Station, Dharmapuri District.

(Crime No.77 of 2023) ... Respondents Prayer : Criminal Original Petition has been filed under Section 482 of Cr.P.C. to direct the Principal District & Sessions Court, Dharmapuri (Special Judge for S.C. & S.T. Act) to consider their surrender and pass appropriate orders on the bail application filed by the petitioners on the same day in connection with Crime No.77 of 2023 on the file of Respondent Police.

For Petitioners ... Mr.P.M.Jayachandran For Respondents ... Mr.S.Santhosh Government Advocate (crl.side)

ORDER

This Criminal Original Petition has been filed seeking direction to the learned Principal District & Sessions Court, Dharmapuri (Special Judge for S.C. & S.T. Act) to consider the bail application on the same day in connection with Crime No.77 of 2023 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 Principal District & Sessions Court, Dharmapuri (Special Judge for S.C. & S.T. Act) to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Crime No.77 of 2023 registered for the offence under Sections 147, 294(b), 323, 324 and 506(ii) of IPC and Sections 3(1)(r), 3(1)(s) and 3(2)(va) of SC/ST 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.

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, Palacode, Dharmapuri District.

2. The Inspector of Police, Palacode Police Station, Dharmapuri District.

3.The Public Prosecutor, High Court, Madras.

03.03.2023