Madras High CourtCRL OP/28252/2022ordered

Boobalan @ Poobalan v. The Deputy Superintendent Of Police

2022-11-18Honourable Ms Justice R.N.Manjula4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.11.2022

CORAM

THE HONOURABLE MS.JUSTICE R.N.MANJULA Boobalan @ Poobalan ...

Petitioner Vs.

1.The Deputy Superintendent of Police, Ariyalur, Ariyalur District.

2.The State Rep. by The Inspector of Police, T.Palur Police Station, Ariyalur District.

(Crime No.286 of 2022) ... Respondents Prayer : Criminal Original Petition has been filed under Section 482 of Cr.P.C., to direct the learned Principal District and Sessions Judge (Special Court under SC & ST Atrocities Act) at Ariyalur, Ariyalur District to accept the surrender of the petitioner herein concerned in Crime No.286 of 2022 pending on the file of the Inspector of Police, T.Palur Police Station, Ariyalur District and consider the bail petition on the same day itself. For Petitioner : Mr.K.Balu For Respondents : Mr.S.Santhosh, Govt. Advocate (Crl.Side)

ORDER

This Criminal Original Petition has been filed to direct the learned Principal District and Sessions Judge (Special Court under SC & ST Atrocities Act) at Ariyalur, Ariyalur District to accept the surrender of the petitioner herein concerned in Crime No.286 of 2022 pending on the file of the Inspector of Police, T.Palur Police Station, Ariyalur District and consider the bail petition on the same day itself.

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 learned Principal District and Sessions Judge (Special Court under SC & ST Atrocities Act) at Ariyalur, Ariyalur District, to consider the petitioner's bail application, preferably on the same day of his surrender in connection with Crime No.286 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 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.

18.11.2022 Index: Yes/No Internet: Yes/No gsk

R.N.MANJULA ,J.

gsk To 1.The Deputy Superintendent of Police, Ariyalur, Ariyalur District.

2.The Inspector of Police, T.Palur Police Station, Ariyalur District.

3.The Public Prosecutor, High Court, Madras.

18.11.2022