Madras High CourtCRL OP/32558/2022allowed

Selvam v. The State Rep By Its,

2022-12-28Honourable Mr Justice A.A.Nakkiran4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.12.2022

CORAM

THE HONOURABLE MR.JUSTICE A.A.NAKKIRAN 1.Selvam 2.Saranraj ... Petitioners vs.

1.The State Rep. by The Deputy Superintendent of Police, Attur, Salem District.

2.The Inspector of Police, Attur Rural Police Station, Salem District.

(Crime No.407 of 2022) ... Respondents Prayer : Criminal Original Petition has been filed under Section 482 of Cr.P.C. to direct the learned Principal District and Sessions Judge, Salem, Salem District, to consider the petitioners' bail application on the same day of surrender of the petitioners concerned in Crime No.407 of 2022 pending on the file of the second respondent.

For Petitioners : Mr.E.Kannadasan For Respondents : Mr.L.Baskaran Government Advocate (Crl.Side)

ORDER

This Criminal Original Petition has been filed seeking for a direction to the learned Principal District and Sessions Judge, Salem, Salem District to accept the surrender of the petitioners in connection with the Crime No.407 of 2022 pending on the file of the second respondent police and to consider the petitioners' 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 Principal District and Sessions Judge, Salem, Salem District to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Crime No.407 of 2022 on the file of the second respondent 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, the Criminal Original Petition stands allowed. 28.12.2022 Index: Yes/No Internet: Yes/No sp/ham To 1.The Principal District and Sessions Judge, Salem, Salem District. 2.The Deputy Superintendent of Police, Attur, Salem District. 3.The Inspector of Police, Attur Rural Police Station, Salem District. 4.The Public Prosecutor, High Court, Madras.

A.A.NAKKIRAN, J.

sp/ham 28.12.2022