M.C.Karthikeyan @ Karthik v. Deputy Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.05.2023

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN 1.M.C.Karthikeyan @ Karthik 2.S.S.Silambarasan 3.M.B.Velumani 4.S.P.Ranjith Kumar @ Ranjith 5.P.E.Dilliganesh ... Petitioners Vs 1.The Deputy Superintendent of Police, The Deputy Superintendent Office, Nethaji Salai, Tiruttani Road, Thiruvallur 602001.

2.The State rep by The Sub Inspector of Police, D-6 Pothatturpet Police Station, Thiruvallur District.

Crime No.214 of 2023 3.S.Chelladurai ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the Principal District Sessions Judge, Thiruvallur to consider the bail application in connection with Crime No.214 of 2023

pending on the file of the third respondent on their surrender and consider on the same day.

For Petitioners : Mr.T.Ravi For Respondent : Mr.S.Santhosh Government Advocate (crl.side)

O R D E R

This petition is filed for a direction to the learned Principal District Sessions Judge, Thiruvallur, to consider the petitioners' bail petition on the same day of their surrender in connection with Crime No.214 of 2023, since the offences are pertaining to the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

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 Judge, Thiruvallur, to consider the petitioners' bail application, preferably on the same day of their surrender in

connection with Crime No.214 of 2023 and pass appropriate orders in accordance with law, after affording due opportunity to the victim under Section 15(a) of the SC/ST Act. 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. With the above direction, the Criminal Original Petition stands allowed.

05.05.2023 vkr Internet:Yes Index:Yes/no Speaking/Non speaking order Note: Issue order copy on 05.05.2023

G.K.ILANTHIRAIYAN, J.

vkr To 1.The Principal District Sessions Judge, Thriuvallur.

2.The Public Prosecutor, High Court, Madras.

05.05.2023