Madras High CourtCRL OP/11131/2024disposed of

Prasankumar Shanmugam v. Deputy Superintendent Of Police,

2024-05-08Honourable Mr Justice K.Kumaresh Babu4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.05.2024

CORAM

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU 1.Prasankumar Shanmugam 2.Aravind ...

Petitioners /vs/ 1.Deputy Superintendent of Police, Dharmapuri District.

2.State rep. By Inspector of Police, Harur Police Station, Dharmapuri District.

...

Respondents Prayer : Criminal Original Petition has been filed under Section 482 of Cr.P.C. to direct the Principal District Judge, Dharmapuri to consider the bail application of the petitioners on the same day of their surrender in Crime No.103 of 2024 on the file of the 2nd respondent Police. For Petitioners ... Mr.M.Ashwin Kumar For Respondents ... Mr.L.Baskaran Government Advocate (crl.side)

ORDER

This Criminal Original Petition has been filed seeking for a direction to the Principal District Judge, Dharmapuri to consider the Bail application of the petitioners on the same day of their surrender in connection with Crime No.103 of 2024 on the file of Harur Police Station, Dharmapuri District.

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 Judge, Dharmapuri to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Crime No.103 of 2024 on the file of the 2nd 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. With the above direction, the Criminal Original Petition stands disposed of.

08.05.2024 Index: Yes/No Internet: Yes/No Speaking/Non speaking order ksa-2 To 1.The Deputy Superintendent of Police, Dharmapuri District.

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

3.The Public Prosecutor, High Court of Madras

K.KUMARESH BABU, J.

ksa-2 08.05.2024