Madras High CourtCRL OP/28947/2022allowed

Karthik v. State Rep By Its

2022-11-25Honourable Ms Justice R.N.Manjula4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.11.2022

CORAM

THE HONOURABLE MS.JUSTICE R.N.MANJULA 1.Karthik 2.Vijaya 3.Kasthuri 4.Vanitha 5.Mohan ...

Petitioners vs.

1. State Rep. by its:

Assistant Commissioner of Police, Poonamallee, Tiruvallur District.

2. The Inspector of Police, AWPS Poonamallee Police Station, Poonamallee, Tiruvallur District.

(Cr. No.28 of 2022) ... Respondents Prayer : Criminal Original Petition has been filed under Section 482 of Cr.P.C., to direct the Principal District and Sessions Judge, at Tiruvallur to accept the surrender petition filed by the petitioners and consider the bail petition on the same day on merits in connection with Cr. No.28 of 2022 on the file of the Inspector of Police, AWPS Poonamallee Police Station, Poonamallee, Tiruvallur District.

For Petitioners : Mr.P.Sugumar For Respondents : Mr.S.Santhosh, Govt. Advocate (Crl.Side)

ORDER

This Criminal Original Petition has been filed to direct the Principal District and Sessions Judge, at Tiruvallur to accept the surrender petition filed by the petitioners and consider the bail petition on the same day on merits in connection with Cr. No.28 of 2022 on the file of the Inspector of Police, AWPS Poonamallee Police Station, Poonamallee, Tiruvallur District.

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, Salem (Special Judge for SC/ST Act Cases), to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Crime No.28 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.

25.11.2022 Index: Yes/No Internet: Yes/No bkn

R.N.MANJULA ,J.

bkn To

1. Assistant Commissioner of Police, Poonamallee, Tiruvallur District.

2. The Inspector of Police, AWPS Poonamallee Police Station, Poonamallee, Tiruvallur District.

3.The Public Prosecutor, High Court, Madras.

25.11.2022