HIGH COURT OF MADRAS
Hon`ble Mrs.Justice L. VICTORIA GOWRI
King Roshan – Appellant
Versus
The Deputy Superintendent of – Respondent
Bail - Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act - Section 18, 15(a) - The court emphasized the importance of timely consideration of bail applications under the SC/ST Act while safeguarding against potential misuse against innocent individuals.
Fact of the Case:
A petition was filed seeking orders for a bail application to be considered upon the petitioner's surrender related to a specific criminal case.
Issues: Whether the bail application can be processed on the same day as surrender under the SC/ST Act, considering the special provisions against misuse.
Ratio Decidendi: The interpretation of Section 18 of the SC/ST Act provides a framework to ensure speedy but cautious consideration of bail, balancing the rights of accused individuals and protections for victims.
Final Decision: The petition was disposed with directions for the lower court to timely consider the bail application.
This petition has been filed seeking for issuing a direction to the I Additional District and Sessions Court (PCR), Thanjavur to consider the bail application to be filed by the petitioner on the same day of his surrender in connection with Crime No.166 of 2024 on the file of the 2nd 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 I Additional District and Sessions Court (PCR), Thanjavur to consider the petitioner-s bail application, preferably on the same day of his surrender in connection with Crime No.166 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 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 petitioner 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.
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