Vasuki v. The Deputy Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.05.2023

CORAM

THE HONOURABLE MR. JUSTICE A.A. NAKKIRAN Vasuki ... Petitioner Vs.

1.The Deputy Superintendent of Police, Harur, Dharmapuri District.

2. The State of Tamilnadu, Rep. by its Inspector of Police, Morappur Police Station, Dharmapuri District.

Crime No.122 of 2023 ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the Principal District and Sessions Judge, under SC/ST (POA) Act Cases, Dharmapuri District, to consider the bail application of the petitioner in Crime No.122 of 2023 on the same day. For Petitioner : Mr.J. Pradeep For Respondent : Mr.S.Vinoth Kumar Government Advocate (crl.side)

O R D E R

This petition is filed for a direction to Principal District and Sessions Judge, under SC/ST (Prevention of Atrocities) Act cases, Dharmapuri District, to consider the petitioner's bail petition on the same day on her surrender in connection with Crime No.122 of 2023, since the offences are pertaining to the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

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 Principal District and Sessions Judge, under SC/ST (Prevention of Atrocities) Act cases, Dharmapuri District, to consider the petitioner's bail application, preferably on the same day of her surrender in connection with Crime No. 122 of 2023 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.

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, the Criminal Original Petition stands allowed.

17.05.2023 Lbm Internet:Yes Index:Yes/no Speaking/Non speaking order A.A. NAKKIRAN, J.

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To 1.The Principal District and Sessions Judge, under SC/ST (Prevention of Atrocities) Act cases, Dharmapuri District.

2.The Public Prosecutor, High Court, Madras.

17.05.2023