Ravichandran v. Assistant Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.05.2023

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Ravichandran ... Petitioner Vs 1.The State rep by The Assistant Commissioner of Police, Nolambur Limit, Anna Nagar District, Chennai.

2.The State rep by The Inspector of Police, V-7, Nolambur Police Station, Chennai.

Crime No.440 of 2022 3.Vedha Arjun Nagarajan ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the Principal District and Sessions Judge, Special Court for SC/ST (Prevention of Atrocities) Act cases, Thiruvallur to accept the surrender of the petitioner and consider his bail application on the same day in connection with Crime No.440 of 2022 on merits pending investigation on the file of the first respondent.

For Petitioner : Mr.S.Xavier Felix For R1 and R2 : Mr.S.Santhosh Government Advocate (crl.side)

O R D E R

This petition is filed for a direction to the learned Principal District and Sessions Judge, Special Court for SC/ST (Prevention of Atrocities) Act cases, Thiruvallur, to consider the petitioner's bail petition on the same day of his surrender in connection with Crime No.440 of 2022, 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 and Sessions Judge, Special Court for SC/ST (Prevention of Atrocities) Act cases, Thiruvallur, to consider the petitioner's bail application, preferably on the same day of his surrender in connection with Crime No. 440 of 2022 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 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. With the above direction, the Criminal Original Petition stands allowed.

04.05.223 vkr Internet:Yes Index:Yes/no Speaking/Non speaking order

G.K.ILANTHIRAIYAN, J.

vkr To 1.The Principal District and Sessions Judge, Special Court for SC/ST (Prevention of Atrocities) Act cases, Thiruvallur.

2.The Public Prosecutor, High Court, Madras.

04.05.2023