Madras High CourtCRL OP/25940/2022allowed

Sasikumar v. The Deputy Superintendent Of Police

2022-10-27Honourable Mr Justice V.Sivagnanam4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.10.2022

CORAM

THE HONOURABLE MR.JUSTICE V.SIVAGNANAM

1. Sasikumar

2. Muthukumar

3. Dinesh ...

Petitioners /vs/

1. The Deputy Superintendent of Police, Chidambaram, Cuddalore District.

2. The State, represented by Inspector of Police, Chidambaram Taluk Police Station, Cuddalore District (Crime No.339 of 2022) ...

Respondents Prayer : Criminal Original Petition has been filed under Section 482 of Cr.P.C. to direct the Principal District Sessions Judge, Cuddalore to accept the surrender of the petitioners and consider the bail applications on the same day .

For Petitioner ... Mr. Thamarai Selvan

For Respondents ... Mr.S.Santhosh, GA (Crl.side)

ORDER

This Criminal Original Petition has been filed seeking for a direction to the Principal District Sessions Judge, Cuddalore to accept the surrender of the petitioners and consider the bail applications on the same day .

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 Sessions Judge, Cuddalore to consider the petitioners' bail applications, preferably on the same day of their surrender in connection with Crime No.339 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 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 petitions 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 petitions on the same day, does not amount to consider it favourably.

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

27.10.2022 msr To

1. The Deputy Superintendent of Police, Chidambaram, Cuddalore District.

2. The State, represented by Inspector of Police, Chidambaram Taluk Police Station, Cuddalore District

3. The Public Prosecutor, High Court, Madras. Note: Issue copy on 27.10.2022

V.SIVAGNANAM ,J.

msr 27.10.2022