Madras High CourtCRL OP/12908/2023allowed

Manikandan v. The Deputy Superintendent Of Police

2023-06-09Honourable Mr Justice G. Chandrasekharan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.06.2023

CORAM

THE HONOURABLE MR.JUSTICE G.CHANDRASEKHARAN Manikandan ... Petitioner Vs 1.The Deputy Superintendent of Police, Mailam Sub Division, Villupuram District.

2.State Rep. by The Inspector of Police, Mailam Police Station, Villupuram District.

(Crime No.228 of 2023) 3.Karpagam ... Respondents Prayer : Criminal Original Petition has been filed under Section 482 of Cr.P.C. to direct the Special Court for Exclusive Trial of Cases registered under SC/ST (POA) Act, Villupuram, to consider the bail application of the petitioner on the same day in the event of his surrender in connection with Crime No.228 of 2023 on the file of the 2nd respondent Police. For Petitioner : Mr.R.Balaguruswamy

For Respondents : Mr.Leonard Arul Joseph Selvam Government Advocate (crl.side) (For R1 and R2)

ORDER

This Criminal Original Petition has been filed seeking for a direction to the Special Court for Exclusive Trial of Cases registered under SC/ST (POA) Act, Villupuram, to consider the bail application filed by the petitioner on his surrender in connection with Crime No.228 of 2023 on the file of the respondent Police on the same day.

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 the Special Court for Exclusive Trial of Cases registered under SC/ST (POA) Act, Villupuram, to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Crime No.228 of 2023 registered for the offences under Sections 294 (b), 323, 448, 427, 506 (1) IPC, Section 4 TN Prohibition of Harassment of Women Act, 2002 and Section 3 (1) (r) and 3 (1) (s) of The Schedule Caste and the

Schedule Tribes (Prevention of Atrocities) Amendment Act, 1989, on the file of the second 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. In view of the above, the Criminal Original Petition stands allowed.

09.06.2023 Index: Yes/No Speaking/Non speaking order ep

G.CHANDRASEKHARAN, J.

ep To 1.The Deputy Superintendent of Police, Mailam Sub Division, Villupuram District.

2.State Rep. by The Inspector of Police, Mailam Police Station, 3.The Public Prosecutor, High Court, Madras.

09.06.2023