Madras High CourtCRL OP/23927/2022allowed

Karthi v. Deputy Superintendent Of Police

2022-09-30Honourable Mr Justice V.Sivagnanam4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.09.2022

CORAM

THE HONOURABLE MR. JUSTICE V.SIVAGNANAM CRL.O.P No.23927 of 2022 Karthi ... Petitioner Vs.

1. The Deputy Superintendent of Police, Mayiladuthurai, Mayiladuthurai District.

2. State: Rep. by The Inspector of Police, Sembanarkoil Police Station, Mayiladuthurai District.

... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the Principal District and Sessions Judge, Nagapattinam to consider the bail application of the petitioner on the same day of surrender in Crime No.286 of 2022 before the Court on the file of the respondent police. For Petitioner : Mr.N.Chinnaraj For Respondents: Mr.S.Santhosh Gov. Advocate (Crl.Side)

O R D E R

1/4

This Criminal Original Petition has been filed for a direction to direct the Principal District and Sessions Judge, Special Court, Nagapattinam, to consider the petitioner's bail application on the same day of his surrender in Crime No. 286 of 2022 on the file of the second 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 the possibility of misusing the pious intention of the Parliament against innocent persons, there shall be a direction to the learned Principal District and Sessions Judge, Nagapattinam, to consider the petitioner's bail application, preferably on the same day of his surrender in connection with Crime No. 286 of 2022 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.

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 2/4

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, this Criminal Original Petition is allowed. 30.09.2022 Internet:Yes./No Index:Yes/no mst Note: Issue order copy on 30.09.2022 To 1.The Principal District and Sessions Judge, Nagapattinam.

2. The Deputy Superintendent of Police, Mayiladuthurai, Mayiladuthurai District.

3. The Inspector of Police, Sembanarkoil Police Station, Mayiladuthurai District.

4.The Public Prosecutor, Madras High Court, Chennai-104.

3/4

V.SIVAGNANAM, J.

mst CRL.O.P No.23927 of 2022 30.09.2022 4/4