Madras High CourtCRL OP/13007/2023allowed

Ajay v. Inspector Of Police

2023-06-12Honourable Mr Justice G. Chandrasekharan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.06.2023

CORAM

THE HONOURABLE MR.JUSTICE G.CHANDRASEKHARAN Ajay ... Petitioner /vs/

1. The Inspector of Police, Neelankarai Police Station, Adyar.

Crime No.177 of 2023

2. Amudha ... Respondents Prayer : Criminal Original Petition has been filed under Section 482 of Cr.P.C. to issue direction to the learned Principal District and Sessions Judge for Special Cases under SC/ST ( POA) Act, Chengalpet to consider the bail application on the same day for the petitioner in Crime No.177 of 2023 pending on the file of the Respondent Police For Petitioner ... Mr.R.Vivekananthan For Respondents ... Mr. Leonard Arul Joseph Selvam Government Advocate (crl.side)

ORDER

This Criminal Original Petition has been filed seeking direction to the learned Principal District and Sessions Judge for Special Cases under SC/ST ( POA) Act, Chengalpet to consider the bail application on the same day for the petitioner in Crime No.177 of 2023 pending on the file of the Respondent Police

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 for Special Cases under SC/ST ( POA) Act, Chengalpet to consider the petitioner's bail application in connection with Crime No.177 of 2023 registered for the offences under Sections 147, 148, 294(b), 323, 324, 307 & 506(ii) of IPC and under Sections 294(b), 506(1) of Indian Penal Code read with Section 3(2)(ii), 3(2)(VA) of SC/ST Prevention of Atrocities Act, 2015 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, does not amount to consider it favourably.

4. In view of the above, the Criminal Original Petition stands allowed.

12.06.2023 Index: Yes/No Internet: Yes/No Speaking/Non speaking order Sma

G.CHANDRASEKHARAN, J.

Sma To

1. The Inspector of Police, Neelankarai Police Station, Adyar.

2.The Public Prosecutor, High Court, Madras.

12.06.2023