Krishnan v. The Deputy Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.11.2022

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CRL.O.P.No. 29027 of 2022 Krishnan ... Petitioner Vs

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

2. The State represented by Inspector of Police, RK PET Police Station, Thiruvallur District.

(Crime No.156 of 2022) ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the learned Principal District & Sessions Judge ( Special Court under SC & ST Atrocities Act) at Tiruvallur, Tiruvallur District to accept the surrender of the petitioner herein concerned in Crime No.156 of 2022 pending on the file of the Inspector of Police, RK PET Police Station, Tiruvallur District and consider the bail petition on the same day itself. For Petitioner : Mr. M. Chinnadurai For Respondents : Mr. S.Santhosh, Government Advocate (Crl.side)

O R D E R

This petition is filed for a direction to the Principal District and Sessions Judge (Special Court under SC & ST Atrocities Act), Tiruvallur, to consider the petitioner's bail petition on the same day of his surrender in connection with Crime No.156 of 2022, since the offences are pertaining to the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

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 misusing the pious intention of the Parliament against innocent persons, there shall be a direction to the Principal District & Sessions Judge ( Special Court under SC & ST Atrocities Act) at Tiruvallur, Tiruvallur, to consider the petitioner's bail application, preferably on the same day of their surrender in connection with Crime No. 156 of 2022 and pass appropriate orders in 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, the Criminal Original Petition stands disposed of.

28.11.2022 Internet:Yes Index:Yes/no Speaking/Non speaking order To

1. The Principal District & Sessions Judge ( Special Court under SC & ST Atrocities Act) at Tiruvallur, Tiruvallur .

2. The Public Prosecutor, High Court, Madras. G.K.ILANTHIRAIYAN, J.

mrp

CRL.O.P.No.29027 of 2022 28.11.2022