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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
B. Pugalendhi, J.
Thalavai @ Dhanus and ors. - Petitioners
Versus
The Assistance Commissioner of Police, Tirunelveli Junction - Respondents
CRL OP(MD)No.10371 of 2024
Decided On : 12-07-2024
| Table of Content |
|---|
| 1. accused status and charges against petitioners. (Para 1) |
| 2. section 18 of sc/st (poa) act and petitioners' claims. (Para 2) |
| 3. court's precedent on bail applications. (Para 3) |
| 4. petition allowed with directions for bail application. (Para 4) |
ORDER :
B. PUGALENDHI, J.
The petitioners are accused in Crime No.231 of 2024 on the file of the respondent police. The said case was registered for the offence under Sections 296 (b), 115(2) and 351(3) of Bharatiya Nyaya Sanhita, 2023 and Section 4 of the TAMIL NADU PROHIBITION OF HARASSMENT OF WOMEN ACT , 2002 r/w Sections 3(1)(r), 3(1)(s) and 3(2)(va) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015.
2. Section 18 of the SC/ST (POA) Act prohibits grant of anticipatory bail in the cases registered under the SC/ST (POA) Act. The petitioners claim that this case is a foisted one and they will prove their innocence. In view of the bar under Section 18 of the SC/ST (POA) Act, the petitioners are inclined to surrender before the Special Court concerned and to seek regular bail. However, the petitioners seek a direction for disposal of the bail application on the same day.
3.This Court in similar circumstances had issued directions to the Courts concerned where FIR is pending, to consider the bail application filed on the same day of their surrender and therefore, by relying upon the similar orders, the petitioners pray for similar directions.
4.Considering the facts and circumstances, the similar such orders passed by this Court, this petition is allowed with a direction to the petitioners to surrender within a period of two weeks from the date of receipt of a copy of this order before the II Additional District Court cum PCR Court, Tirunelveli and the learned Presiding Officer of the Special Court is directed to entertain the bail application if any filed by the petitioners on the same day. The Public Prosecutor concerned is expected to be available in the Courts and the Public Prosecutor can very well get instructions with the available scientific modes. The bail application in any event shall be disposed on merits on the same day.
The court affirmed that anticipatory bail is prohibited under the SC/ST (POA) Act, directing that bail applications must be processed on the same day after surrender.
Direction for same-day bail disposal post-surrender in SC/ST (POA) Act cases, ensuring merits hearing.
Direction for same-day bail consideration post-surrender in SC/ST (POA) cases despite Section 18 bar.
Timely consideration of bail applications under the SC/ST Act is crucial, but must align with the Act's protective measures against its misuse.
The statutory bar against bail under the SC/ST Act necessitates careful judicial consideration while safeguarding victim rights.
Court directs same-day bail consideration upon surrender in SC/ST (PoA) Act case, balancing Section 18 bar and misuse prevention.
Court directs same-day bail consideration post-surrender in SC/ST (POA) Act case, balancing Section 18 bar with misuse prevention.
The court has the discretion to consider bail applications under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, taking into account the gravity of the offence, previo....
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