G.Selvaraj @ Selvarajan v. The Assitant Commsiioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 31.10.2022

CORAM

THE HONOURABLE MR. JUSTICE V.SIVAGNANAM CRL.O.P No.26159 of 2022 G.Selvaraj @ Selvarajan ... Petitioner Vs.

1. The Assistant Commissioner of Police, Pattabiram Range, Chennai.

2. The State rep. by its Inspector of Police, T-9, Pattabiram Police Station, Chennai.

.. Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the learned Sessions Judge, Thiruvallur to consider the bail petition filing in Crime No.453 of 2022 under Sections 294(b), 506(i) IPC and Section 3(i)(r), 3(i)(s), 3(2)(Va) of SC & ST,(POA) Act, 1989 on the same and pass orders.

For Petitioner : Mr.R.c.Paulkanagaran 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 Sessions Judge, Thiruvallur District, to accept the surrender of the petitioner and consider the petitioner's bail application on the same day in Crime No.453/2022 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 Sessions Judge, Thiruvallur District , to consider the petitioner's bail application, preferably on the same day on his surrender in connection with Crime No. 453 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. 2/4

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 Sessions Judge, Thiruvallur.

2. The Assistant Commissioner of Police, Pattabiram Range, Chennai.

3. The Inspector of Police, T-9, Pattabiram Police Station, Chennai.

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

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V.SIVAGNANAM, J.

mst CRL.O.P No.26159 of 2022 31.10.2022 4/4