Madras High CourtCRL OP/29010/2022allowed

Sekar v. The State Rep By

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.Sekar

2. Sagunthala ...

Petitioners vs.

1. State Rep. by its:

The Deputy Superintendent Police, Tiruvannamalai Sub-Division, Tiruvannamalai District.

2. State by Inspector of Police, All Women Police Station, Tiruvanammalai Rural, Tiruvannamalai District.

(Cr. No.04 of 2022) ... Respondents Prayer : Criminal Original Petition has been filed under Section 482 of Cr.P.C., to direct the learned Principal Sessions and District Judge, Tiruvannamalai (Special Court for SC/ST Prevention of Atrocities Act) to accept the surrender of the petitioners herein concerned in Crime No.04 of 2022 on the file of the Inspector of Police, All Women Police Station, Tiruvannamalai Rural, Tiruvannamalai District and consider their bail application on the same day itself.

For Petitioners : Mr.V.S.Gopu

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

ORDER

This Criminal Original Petition has been filed to direct the learned Principal Sessions and District Judge, Tiruvannamalai (Special Court for SC/ST Prevention of Atrocities Act) to accept the surrender of the petitioners herein concerned in Crime No.04 of 2022 on the file of the Inspector of Police, All Women Police Station, Tiruvannamalai Rural, Tiruvannamalai District and consider their bail application 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 Sessions and District Judge, Tiruvannamalai (Special Court for SC/ST Prevention of Atrocities Act), to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Crime No.04 of 2022 on the file of the second respondent police and pass appropriate orders in accordance

with law, after affording due opportunity to the victims under Section 15A 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 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. The Deputy Superintendent of Police, Tiruvannamalai Sub-Division, Tiruvannamalai District.

2. All Women Police Station, Tiruvanammalai Rural, Tiruvannamalai District.

3.The Public Prosecutor, High Court, Madras.

25.11.2022