Madras High CourtCRL OP/24785/2022allowed

S.P.Vishnuprasath v. Deputy Superintendent Of Police And Another

2022-10-13Honourable Mr Justice V.Sivagnanam4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.10.2022

CORAM

THE HONOURABLE MR.JUSTICE V.SIVAGNANAM S.P.Vishnuprasath ...

Petitioner /vs/ 1.The Deputy Superintendent of Police, Erode, Erode District.

2.State rep.by, The Inspector of Police, Hassanur Police Station, Erode District.

(Crime No.57 of 2022) ...

Respondents Prayer : Criminal Original Petition has been filed under Section 482 of Cr.P.C. to direct the learned Principal District and Sessions Judge, Erode to consider the bail application of the petitioner on the same day of surrender in Crime No.57 of 2022 before the Court on the file of the respondent police.

For Petitioner ... Mr. N.Chinnaraj For Respondents ... Mr.S.Santhosh Government Advocate (crl.side)

ORDER

This Criminal Original Petition has been filed seeking for a direction to the learned Principal District and Sessions Judge, Erode to consider the bail application of the petitioner on the same day of surrender in Crime No.57 of 2022 before the Court 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 learned Principal District and Sessions Judge, Erode, to consider the petitioner's bail application, preferably on the same day of his surrender in connection with Crime No.57 of 2022 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.

13.10.2022 Index: Yes/No Internet: Yes/No Speaking/Non speaking order shk Note: Issue order copy on 13.10.2022

V.SIVAGNANAM ,J.

shk To

1. The learned Principal District and Sessions Judge, Erode 2.The Deputy Superintendent of Police, Erode, Erode District.

3.The Inspector of Police, Hassanur Police Station, Erode District.

4.The Public Prosecutor, High Court, Madras.

13.10.2022