Arularasu v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.06.2023

CORAM

THE HONOURABLE MR.JUSTICE G.CHANDRASEKHARAN

1. Arularasu

2. Logesh

3. Venu ...

Petitioners Vs State represented by The Inspector of Police, Nemili Police Station, (Crime No.200 of 2023) ...

Respondents Prayer : Criminal Original Petition has been filed under Section 482 of Cr.P.C, to direct the Learned Special Sessions Judge for Special Court for SC/ST Cases, Vellore District to consider the bail application of the petitioner herein on the day of surrender pertaining to the Crime No.200 of 2023 on the file of the Nemili Police Station, Ranipet District.

For Petitioners ... Mr.R.Dineshkumar For Respondents ... Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.side)

ORDER

This Criminal Original Petition has been filed directing the Learned Special Sessions Judge for Special Court for SC/ST Cases, Vellore District to consider the bail application of the petitioners herein on the day of surrender pertaining to the Crime No.200 of 2023 registered for the offences under Sections 294(b), 506(i) of IPC r/w Sections 3(1)(r) and 3(1)(s) of Schedule Caste and Schedule Tribes (Prevention of Atrocities) Act 2015, on the file of the Nemili Police Station,

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 learned Special Sessions Judge for Special Court for SC/ST Cases, Vellore District, to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Crime No.200 of 2023 pending on the file of the respondent police 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 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.

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 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.

4. In view of the above, the Criminal Original Petition stands allowed. 23.06.2023 Index: Yes/No Internet: Yes/No Speaking/Non speaking order mn

G.CHANDRASEKHARAN, J.

mn To

1. The Special Sessions Judge for Special Court for SC/ST Cases, Vellore District.

2. The Inspector of Police, Nemili Police Station, 3.The Public Prosecutor, High Court, Madras.

23.06.2023