Madras High CourtCRL OP/31063/2022

Naveenkumar v. State Rep By

2022-12-15Honourable Mr Justice G. Chandrasekharan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.12.2022

CORAM

THE HONOURABLE MR.JUSTICE G.CHANDRASEKHARAN Naveenkumar ... Petitioner vs.

State represented by, The Inspector of Police, All Women Police Station, Arani, Tiruvannamalai District.

(Crime No.13 of 2022) ... Respondent Prayer : Criminal Original Petition has been filed under Section 482 of Cr.P.C. to direct the learned Special Court for SC & ST Act Cases), Tiruvannamalai to consider the bail application proposed to be filed by the petitioner in Crime No.13 of 2022, pending on the file of the All Women Police Station, Arani, Tiruvannamalai District, on the same day of petitioner's surrender.

For Petitioner : Mr.B.Jawahar For Respondent : Mr.S.Santhosh Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed seeking for a direction to the learned Special Court for SC & ST Act Cases, Tiruvannamalai to accept the surrender of the petitioner in connection with the Crime No.13 of 2022 on the file of the respondent police and to consider the petitioner's bail application on the same day.

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 learned Special Court for SC & ST Act Cases, Tiruvannamalai to consider the petitioner's bail application in connection with Crime No.13 of 2022 on the file of the respondent and pass appropriate orders on merits and 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 petitioner's bail petition, does not amount to consider it favourably.

4. In view of the above, the Criminal Original Petition stands disposed of.

15.12.2022 Index: Yes/No Internet: Yes/No ham To

1. The Special Court for SC & ST Act Cases, Tiruvannamalai .

2. The Inspector of Police, All Women Police Station, Arani, Tiruvannamalai District.

3. The Public Prosecutor, High Court, Madras.

G.CHANDRASEKHARAN, J.

ham 15.12.2022