T.Prabhu v. The Superintendent Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.11.2022

CORAM

THE HONOURABLE MS.JUSTICE R.N.MANJULA T.Prabhu Arasu

...Petitioner

vs.

1. The Superintendent of Police Uttukottai Range Thiruvallur District.

2. The Inspector of Police, C-5, Vengal Police Station Thiruvallur Thiruvallur District.

...Respondents

Prayer : Criminal Original Petition has been filed under Section 482 of Cr.P.C., praying to direct the Principal Sessions and District Court, Thiruvallur, to accept the surrender and consider the bail application of the petitioner on the same day in Crime No.375 of 2022 on the file of the 2nd respondent.

For Petitioner : Mr.K.Thenrajan For Respondents : Mr.S.Santhosh Government Advocate (Crl.Side)

ORDER

This Criminal Original Petition has been filed seeking for a direction to the Principal Sessions and District Court, Thiruvallur, to consider the bail application filed by the petitioner on his surrender on one and the same day in Crime No.375 of 2022 on the file of the 2nd 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 of the possibility of misuse of the stringent provision against innocent persons, there shall be a direction to the Principal Sessions and District Court, Thiruvallur, to consider the petitioner's bail application, preferably on the same day of his surrender in connection with Crime No.375 of 2022 on the file of the 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 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. In view of the above, this Criminal Original Petition stands allowed.

23.11.2022 Index: Yes/No Internet: Yes/No Speaking/Non speaking order uma Note: Issue order copy on 23.11.2022

R.N.MANJULA ,J.

uma To

1. The Principal Sessions and District Court, Thiruvallur,

2. The Superintendent of Police Uttukottai Range Thiruvallur District.

3. The Inspector of Police, C-5, Vengal Police Station Thiruvallur Thiruvallur District.

4.The Public Prosecutor, High Court, Madras.

23.11.2022