Palanisamy v. The Deputy Superintendent Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.03.2023

CORAM

THE HONOURABLE MR.JUSTICE G.CHANDRASEKHARAN Palanisamy ... Petitioner /vs/

1. The Deputy Superintendent of Police, Gobichettipalayam, Erode District.

2. The State Represented by Inspector of Police, Thingalur Police Station, Erode District.

Crime No.31 of 2023 ... Respondents Prayer : Criminal Original Petition has been filed under Section 482 of Cr.P.C. to direct the Special Judge of SC & ST Act Cases/ Principal Sessions Court, Erode to consider the Bail Petition to be filed by the petitioner, on his surrender on the same day on merits in connection with the case in Crime No.31 of 2023.

For Petitioner ... Mr.V.Anandhamurthy For Respondents ... Mr.S.Santhosh (For R1 & R2) Government Advocate (crl.side)

ORDER

This Criminal Original Petition has been filed seeking direction to the Special Judge of SC & ST Act Cases/ Principal Sessions Court, Erode to consider the Bail Petition to be filed by the petitioner, on his surrender on the same day on merits in connection with the case in Crime No.31 of 2023.

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 Special Judge of SC & ST Act Cases/ Principal Sessions Court, Erode to consider the petitioner's bail application, preferably on the same day of their surrender in connection with Crime No.31 of 2023 registered for the offence under Sections 147, 148, 294(b) of IPC read with Section 3(1)(r), 3(1)(s), 3(2)(va) of SC/ST Act and Section 323 and 506(1) of IPC 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.

29.03.2023 Index: Yes/No Internet: Yes/No Speaking/Non speaking order Sma

G.CHANDRASEKHARAN, J.

Sma To

1. The Deputy Superintendent of Police, Gobichettipalayam, Erode District.

2. The State Represented by Inspector of Police, Thingalur Police Station, Erode District.

3.The Public Prosecutor, High Court, Madras.

29.03.2023