G.Jayabalan @ Jayapal v. The State Rep By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 31.10.2022

CORAM

THE HONOURABLE MR. JUSTICE V.SIVAGNANAM CRL.O.P No.26082 of 2022 G.Jayabalan @ Jayapal ... Petitioner Vs.

The State rep. by its Inspector of Police, Ulundurpet Police Station, Kallakuruchi District.

(Cr.No.508/2022) .. Respondent PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the learned Special Judge for SC/ST Act cases, Villupuram District to accept the surrender of the petitioner and consider the petitioner's bail application on the same day in Crime No.508/2022 on the file of the respondent police.

For Petitioner : Mr.G.Saravanabhavan For Respondent : Mr.S.Santhosh Gov. Advocate (Crl.Side) 1/4

O R D E R

This Criminal Original Petition has been filed for a direction to direct the Special Judge for SC/ST Act Cases, Villupuram District, to accept the surrender of the petitioner and consider the petitioner's bail application on the same day in Crime No.508/2022 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 the possibility of misusing the pious intention of the Parliament against innocent persons, there shall be a direction to the learned Special Judge for SC/ST Act Cases, Villupuram District, to consider the petitioner's bail application, preferably on the same day on his surrender in connection with Crime No. 508 of 2022 on the file of the respondent police 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.

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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. With the above direction, this Criminal Original Petition is allowed. 31.10.2022 Index:Yes/no mst Note: Issue order copy on 31.10.2022 To 1.The Special Judge for SC/ST Act Cases, Villupuram District.

2.The Inspector of Police, Ulundurpet Police Station, Kallakuruchi District. 3.The Public Prosecutor, Madras High Court, Chennai-104.

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V.SIVAGNANAM, J.

mst CRL.O.P No.26082 of 2022 31.10.2022 4/4