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HIGH COURT OF MADRAS
Hon`ble Mrs.Justice S.SRIMATHY
Namasivayam – Appellant
Versus
The Deputy Superintendent of – Respondent
Crl.O.P.(MD) No.7703 of 2024
Bail - Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 - Sections 18, 15(a)
Fact of the Case:
The petitioners filed a petition seeking a direction to the learned I Additional District and Sessions Judge (PCR Court), Thanjavur, to consider and dispose of their bail applications on the same day of their surrender in respect of Crime No.6 of 2024.
Finding of the Court:
The court directed the I Additional District and Sessions Judge (PCR Court), Thanjavur, to consider the petitioners' bail applications, preferably on the same day of their surrender in connection with Crime No.6 of 2024, and pass appropriate orders in accordance with law after affording due opportunity to the victim under Section 15(a) of the SC/ST Act.
Issues: Whether the petitioners' bail applications should be considered on the same day of their surrender in connection with Crime No.6 of 2024.
Ratio Decidendi: The court considered the specific bar under Section 18 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and the possibility of misusing the pious intention of the Parliament against innocent persons.
Final Decision: The Criminal Original Petition is allowed with the direction to the I Additional District and Sessions Judge (PCR Court), Thanjavur, to consider the petitioners' bail applications, preferably on the same day of their surrender in connection with Crime No.6 of 2024, and pass appropriate orders in accordance with law after affording due opportunity to the victim under Section 15(a) of the SC/ST Act.
This petition has been filed seeking for a direction to the learned I Additional District and Sessions Judge (PCR Court), Thanjavur, to consider and dispose of the petitioners- bail applications on the same day of their surrender in respect of Crime No.6 of 2024 on the file of the second respondent.
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 I Additional District and Sessions Judge (PCR Court), Thanjavur, to consider the petitioners- bail applications, preferably on the same day of their surrender in connection with Crime No.6 of 2024 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 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. With the above direction, the Criminal Original Petition is allowed.
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