Madras High CourtCRL OP/12409/2024disposed of

Gunasekaran v. The Deputy Superintendent Of Police

2024-05-24Honourable Mr Justice C. Saravanan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.05.2024

CORAM

THE HONOURABLE MR. JUSTICE C.SARAVANAN Crl.O.P.No.12409 of 2024

1. Gunasekaran

2. Gnanasekaran

3. Chinniyan

4. Lakshmi

5. Kamala

6. Kanagavalli @ Malliga

7. Krishnaveni ... Petitioners Vs.

1. The Deputy Superintendent of Police Uthangarai, Krishnagiri District.

2. The State of Tamiladu Rep by its Inspector of Police Singarapettai Police Station, Krishnagiri District.

... Respondents PRAYER : This Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the Special Sessions Judge, Krishnagiri for Prevention of SC/ST Atrocities to accept the surrender of the petitioner in Cr.No.131 of 2024 on the file of the Inspector of Police, Singarapettai Police Station, Krishnagiri District) and consequently consider the petitioner's bail application on the same day. 1/4

For Petitioners : Mr.J.Pradeep For Respondents : Mr.S.Vinoth Kumar Government Advocate(Crl.side)

O R D E R

This Criminal Original Petition has been filed seeking for a direction to learned Special Sessions Judge, Krishnagiri for Prevention of SC/ST Atrocities to consider the petitioners' bail application on the same day of their surrender in Crime No.131 of 2024 on the file of the second respondent police.

2. The petitioner has been arrayed as an accused in Crime No.131 of 2024 for the offences punishable under Sections 294(b), 323, and 427 of IPC @ to Sections 147, 148, 294(b), 323, and 427 of IPC r/w Section 3(1)(r) & 3(1)(a) and 3(2) of SC/ST (Prevention of Atrocities) Amendment Act, 2015.

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 Special Sessions Judge, Krishnagiri for Prevention of SC/ST Atrocities Act to consider the 2/4

petitioners' bail application, preferably on the same day of their surrender in connection with Crime No.131 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 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.

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 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.

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 Special Sessions Judge, Krishnagiri for Prevention of SC/ST Atrocities Act.

2. The Deputy Superintendent of Police Uthangarai, Krishnagiri District.

3. The Inspector of Police Singarapettai Police Station, Krishnagiri District.

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

Crl.O.P.No.12409 of 2024 24.05.2024 4/4