Madras High CourtCRL OP/29210/2022allowed

Munivel v. State Rep By

2022-11-29Honourable Ms Justice R.N.Manjula4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.11.2022

CORAM

THE HONOURABLE MS.JUSTICE R.N.MANJULA Munivel ...

Petitioner vs.

1.State represented by Deputy Superintendent of Police, Uthukottai, Tiruvallur District.

2.The Inspector of Police, Vengal, Tiruvallur District.

(Crime No.375 of 2022) 3.Elumalai ... Respondents Prayer : Criminal Original Petition has been filed under Section 482 of Cr.P.C., to direct the learned Principal District Judge (Special Judge for SC/ST [PA] Act 2014), Tiruvallur District to accept the surrender of the petitioner in connection with Crime No.375 of 2022 on the file of the respondent, Vengal Police Station, Tiruvallur District to consider the bail petition filed by the petitioner on the same day in accordance with law. For Petitioner : Mr.S.Saravanan For Respondents : Mr.S.Santhosh, Govt. Advocate (Crl.Side) for R1&R2

ORDER

This Criminal Original Petition has been filed to direct the learned Principal District Judge (Special Judge for SC/ST Act Cases), Tiruvallur District to accept the surrender of the petitioner in connection with Crime No.375 of 2022 on the file of the respondent, Vengal Police Station, Tiruvallur District to consider the bail petition filed by the petitioner on the same day in accordance with law.

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 Judge (Special Judge for SC/ST Act Cases), Tiruvallur District, 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 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.

29.11.2022 Index: Yes/No Internet: Yes/No gsk

R.N.MANJULA ,J.

gsk To 1.The Deputy Superintendent of Police, Uthukottai, Tiruvallur District.

2.The Inspector of Police, Vengal, Tiruvallur District.

3.The Public Prosecutor, High Court, Madras.

29.11.2022