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IN THE HIGH COURT OF JUDICATURE AT MADRAS
HONOURABLE MR. JUSTICE P.B. BALAJI
Thalavai @ Dhanus – Appellant
Versus
Assistance Commissioner of Police, Tirunelveli Junction – Respondent
| 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 simil
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.
Court directs same-day bail consideration post-surrender in SC/ST Act cases despite Section 18 bar.
Direction for same-day bail consideration post-surrender in SC/ST (POA) cases despite Section 18 bar.
The statutory bar against bail under the SC/ST Act necessitates careful judicial consideration while safeguarding victim rights.
The court recognized that ability to consider bail applications must align with statutory provisions that protect against misuse under the SC/ST Act, ensuring victim's rights are upheld.
Court directs same-day bail consideration upon surrender in SC/ST (PoA) Act case, balancing Section 18 bar and 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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