Madras High CourtCRL OP/27432/2022ordered

Sathishkumar v. Station House Officer

2022-11-09Honourable Ms Justice R.N.Manjula4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.11.2022

CORAM

THE HONOURABLE MS.JUSTICE R.N.MANJULA 1.Sathish Kumar 2.Velmurugan 3.Mani ...

Petitioners vs.

State by The Station House Officer, Neyveli Thermal Police Station, Cuddalore District.

(Crime No.295 of 2022) ... Respondent Prayer : Criminal Original Petition has been filed under Section 482 of Cr.P.C., to direct the Special Court for PCR Cases to consider the bail application of the petitioners on the same day of the surrender in Crime No.295 of 2022 on the file of the Neyveli Thermal Police Station. For Petitioners : Mr.A.Arasu Ganeshan For Respondent : Mr.S.Santhosh, Govt. Advocate (Crl.Side)

ORDER

This Criminal Original Petition has been filed to direct the Special Court for PCR Cases to consider the bail application of the petitioners on the same day of the surrender in Crime No.295 of 2022 on the file of the Neyveli Thermal Police Station.

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 Special Court for PCR Cases, to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Crime No.295 of 2022 on the file of the respondent police 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

petition 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 petition on the same day, does not amount to consider it favourably.

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

09.11.2022 Index: Yes/No Internet: Yes/No gsk

R.N.MANJULA ,J.

gsk To 1.The Station House Officer, Neyveli Thermal Police Station, Cuddalore District.

2.The Public Prosecutor, High Court, Madras.

09.11.2022