Madras High CourtCRL OP/25610/2022ordered

S.Murugan v. State Rep By

2022-10-20Honourable Ms Justice R.N.Manjula4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.10.2022

CORAM

THE HONOURABLE MS.JUSTICE R.N.MANJULA S.Murugan ...

Petitioner vs.

State rep. by The Inspector of Police, Sriperumbudur Police Station, Sriperumbudur, Kancheepuram District.

Crime No.632 of 2022 ...

Respondent Prayer : Criminal Original Petition has been filed under Section 482 of Cr.P.C., to direct the learned Principal District and Sessions Judge, Chengalpattu to consider the bail application on surrendering and filing of the bail application by the petitioner on the same day in Crime No.632 of 2022 on the file of the respondent police.

For Petitioner : Mr.T.Sundaravadanam For Respondent : Mr.A.Damodaran Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed seeking for a direction to the learned Principal District and Sessions Judge, Chengalpattu to consider the bail application filed by the petitioner on his surrender on one and the same day in Crime No.632 of 2022 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 misuse of the stringent provision against innocent persons, there shall be a direction to the learned Principal District and Sessions Judge, Chengalpattu, to consider the petitioner's bail application, preferably on the same day of his surrender in connection with Crime No.632 of 2022 on the file of the 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, this Criminal Original Petition stands allowed.

20.10.2022 Index: Yes/No Internet: Yes/No Speaking/Non speaking order gsk/shk Note: Issue order copy on 20.10.2022 To

1. The Principal District and Sessions Judge, Chengalpattu.

2. The Inspector of Police, Sriperumbudur Police Station, Sriperumbudur, Kancheepuram District.

3.The Public Prosecutor, High Court, Madras.

R.N.MANJULA ,J.

gsk/shk 20.10.2022