Vaiyapuri v. The Deputy Superintendent 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.26135 of 2022 Vaiyapuri ... Petitioner Vs.

1. The Deputy Superintendent of Police, O/o Deputy Superintendent of Police, Vedaranyam, Nagapattinam District.

2. The Inspector of Police, Vedaranyam Police Station, Vedaranyam, Vedaranyam Taluk, Nagapattinam District.

(Cr.No.298/2022) .. Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the learned Principal District and Sessions Judge under SC & ST (P.A.) Act, Nagapattinam, to consider the bail application of the petitioner on his surrender in Crime No.298/2022 on the file of the respondent police on the same day and pass orders. 1/5

For Petitioner : Mr.R.Muruga Bharathi For Respondents : Mr.S.Santhosh Gov. Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed for a direction to direct the Principal District and Sessions Judge under SC & ST (P.A.) Act, Nagapattinam, to accept the surrender of the petitioner and consider the petitioner's bail application on the same day in Crime No.298/2022 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 Principal District and Sessions Judge under SC & ST (P.A.) Act, Nagapattinam, to consider the petitioners' bail application, preferably on the same day on his surrender in connection with Crime No. 298 of 2022 on the file of the respondent police and pass appropriate orders, in 2/5

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.

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 3/5

To 1.The Principal District and Sessions Judge under SC & ST (P.A.) Act, Nagapattinam,

2. The Deputy Superintendent of Police, O/o Deputy Superintendent of Police, Vedaranyam, Nagapattinam District.

3. The Inspector of Police, Vedaranyam Police Station, Vedaranyam, Vedaranyam Taluk, Nagapattinam District.

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

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V.SIVAGNANAM, J.

mst CRL.O.P No.26135 of 2022 31.10.2022 5/5