Madras High CourtCRL OP/11146/2024disposed of

R.Kavitha v. State, Rep. By The

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.R.Kavitha 2.R.Ramprakash 3.M.Sathish 4.N.Jayakumar ...

Petitioners /vs/ State, rep.by Inspector of Police, Valparai Police Station, Coimbatore District (Crime No.65 of 2024) ...

Respondent Prayer : Criminal Original Petition has been filed under Section 482 of Cr.P.C. to direct the Principal Sessions and District Judge, Coimbatore to consider the bail application filed by the petitioners on their surrender in connection with Crime No.65 of 2024 on the file of the respondent on the same day.

For Petitioner ... Mr.C.Gunasekaran For Respondent ... Mr.L.Baskaran Government Advocate (crl.side)

ORDER

This Criminal Original Petition has been filed seeking for a direction to the learned Principal Sessions and District Judge, Coimbatore, to consider the Bail application of the petitioners on the same day of their surrender, in connection with Crime No.65 of 2024 on the file of Valparai Police Station, Coimbatore 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 Sessions and District Judge, Coimbatore to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Crime No.65 of 2024 on the file of the 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. With the above direction, this Criminal Original Petition stands disposed of.

08.05.2024 Index: Yes/No Internet: Yes/No Speaking/Non speaking order ksa-2 To 1.The Inspector of Police, Valparai Police Station, Coimbatore District 2.The Public Prosecutor, High Court, Madras.

K.KUMARESH BABU, J.

ksa-2 08.05.2024