M.Perumal v. The Deputy Superintendent

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.05.2024

CORAM

THE HONOURABLE MR. JUSTICE C.SARAVANAN Crl.O.P.No.12379 of 2024 M.Perumal ... Petitioner Vs.

1. The Deputy Superintendent of police, Attur, Salem District.

2. State Rep by its The Sub Inspector of Police, Attur Town Police Station, Attur, Salem District.

Crime No.153 of 2024 ... Respondents PRAYER : This Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the Principal District and Sessions Judge (Special Court for S.C./S.T. Act) at Salem, to accept the surrender of the petitioner in connection with the Crime No.153 of 2024 on the file of the 2nd respondent police and to consider and pass orders in the Bail application on the same day. For Petitioner : Mr.V.Elangovan For Respondents : Mr.S.Vinoth Kumar Government Advocate(Crl.side) 1/4

O R D E R

This Criminal Original Petition has been filed seeking for a direction to learned Principal District and Sessions Judge (Special Court for S.C./S.T. Act) , Salem, to consider the petitioner's bail application on the same day of his surrender in Crime No.153 of 2024 on the file of the second respondent police.

2. The petitioner has been arrayed as an accused in Crime No.153 of 2024 for the offences punishable under Sections 294(b), 324 and 506(2) of IPC r/w Section 3(1)(r), 3(1)(s) and 3(2)(va) of SC/ST (Prevention of Atrocities) Act, 1989.

3. 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 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 S.C./S.T. Act), Salem to consider the petitioner's bail application, preferably on the same day of his surrender in 2/4

connection with Crime No.153 of 2024 on the file of the second respondent 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.

4. 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.

5. With the above direction, this Criminal Original Petition is disposed of. 24.05.2024 Internet : Yes / No Index : Yes / No Speaking / Non Speaking order nr 3/4

C.SARAVANAN, J.

nr To

1. The Principal District and Sessions Judge (Special Court for S.C./S.T. Act) Salem,

2. The Deputy Superintendent of Police, Attur, Salem District.

3. The Sub Inspector of Police, Attur Town Police Station, Attur, Salem District.

4.The Public Prosecutor, High Court of Madras, Chennai.

Crl.O.P.No.12379 of 2024 24.05.2024 4/4