High CourtsSingle Bench(2022) 04 MAD CK 0035

C.Thangavel vs Deputy Superintendent Of Police And Others

Madras High Court · Decided on 26 April 2022

HON’BLE JUDGES
G.K.Ilanthiraiyan, J
RESULT
Disposed Of
CASE NUMBER
Criminal Original Petition (MD). No.7676 Of 2022

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Judgment

5 paragraphs · 250 words

G.K.Ilanthiraiyan, J

1.

This Criminal Original Petition has been filed to direct the learned Additional Sessions Judge (PCR Court), Theni, to accept the surrender of the petitioner and consider his bail application on the same day on merits in relating to Crime No.80 of 2022, dated 17.04.2022 on the file of the 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 the possibility of misusing the pious intention of the Parliament against innocent persons, there shall be a direction to the learned Additional Sessions Judge (PCR Court), Theni, to consider the petitioner's bail application, preferably on the same day of his surrender in connection with Crime No.80 of 2022 on the file of the second respondent and pass appropriate orders in accordance with law after affording due opportunity to the victim under Section 15(a) of the SC/ST Act. 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.

With the above direction, the Criminal Original Petition stands disposed of.