Madras High CourtCRL OP/12571/2024disposed of

Sakthivel v. The Deputy Superintend 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.12571 of 2024 Sakthivel ... Petitioner Vs.

1. The Deputy Superintendent of Police, Villupuram Sub-Division, Villupuram District.

2. The state rep by The Inspector of Police, Valavanur Police Station, Villupuram District.

Crime No.265 of 2024.

... Respondents PRAYER : This Criminal Original Petition filed under Section 482 of Cr.P.C., to to direct the learned Special Court for Exclusive Trial of cases for SC & ST Act Villupuram to consider the bail application of the petitioner on the date of surrender before the Court in connection with Crime No.265 of 2024 on the file of the 2nd respondent police.

For Petitioner : Mr.K.Sudhakar For Respondents : Mr.S.Vinoth Kumar 1/4

Government Advocate(Crl.side)

O R D E R

This Criminal Original Petition has been filed seeking for a direction to learned Special Judge for Exclusive Trial of cases for SC & ST Act, Villupuram to consider the petitioner's bail application on the same day of his surrender in Crime No.265 of 2024 on the file of the second respondent police.

2. The petitioner has been arrayed as an accused in Crime No.265 of 2024 for the offences punishable under Sections 294(b), 323, 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 Special Judge for Exclusive Trial of cases for SC & ST Act, Villupuram to consider the petitioner's bail application, preferably on the same day of his surrender in 2/4

connection with Crime No.265 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 learned Special Judge for Exclusive Trial of cases for SC & ST Act, Villupuram

2. The Deputy Superintendent of Police, Villupuram Sub-Division, Villupuram District.

3. The Inspector of Police, Valavanur Police Station, Villupuram District.

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

Crl.O.P.No.12571 of 2024 24.05.2024 4/4