Prakash v. The State Rep By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.12.2022

CORAM

THE HONOURABLE MS.JUSTICE R.N.MANJULA 1.Prakash 2.Vimal ...

Petitioners vs.

1.State Rep by The Deputy Superintendent of Police, Office DSP, Gingee, Gingee, Villupuram District.

2.State Rep by The Sub-Inspector of Police, Anadapuram Police Station, Villupuram District.

(Crime No.265 of 2022) ... Respondents Prayer : Criminal Original Petition has been filed under Section 482 of Cr.P.C., to direct the District & Sessions Court, Villupuram (Special Judge for SC & ST Act) to consider their surrender and pass appropriate orders on the bail application filed by the petitioners on the same day in connection with Crime No.265 of 2022 on the file of the second respondent police.

For Petitioners : Mr.V.R.Appaswamee For Respondents : Mr.S.Santhosh, Govt. Advocate (Crl.Side)

ORDER

This Criminal Original Petition has been filed to direct the District & Sessions Court, Villupuram (Special Judge for SC & ST Act) to consider their surrender and pass appropriate orders on the bail application filed by the petitioners on the same day in connection with Crime No.265 of 2022 on the file of the second respondent police.

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 District & Sessions Court, Villupuram (Special Judge for SC & ST Act), to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Crime No.265 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.

23.12.2022 Index: Yes/No Internet: Yes/No gsk To 1.The Deputy Superintendent of Police, Office DSP, Gingee, Gingee, Villupuram District.

2.The Sub-Inspector of Police, Anadapuram Police Station, Villupuram District.

3.The Public Prosecutor, High Court, Madras.

R.N.MANJULA ,J.

gsk 23.12.2022