This Criminal Original Petition has been filed seeking for a direction to the learned Principal District and Sessions Judge, Special Court for SC/ST (Prevention of Atrocities) Act, cases at Thiruvallur, to accept the surrender of the petitioners and consider the their bail application on the same day in connection with Crime No.187 of 2023 on merits pending investigation on the file of 1st 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 of the possibility of misusing the pious intention of the Parliament against innocent persons, there shall be a direction to the learned Principal District and Sessions Judge, Special Court for SC/ST (Prevention of Atrocities) Act, cases at Thiruvallur, to consider the petitioners’ bail application, preferably on the same day of their surrender in connection with Crime No.187 of 2023 registered for the offences under Sections 147, 148, 324 & 506 (2) IPC on the file of the second respondent and pass appropriate orders in accordance with law, after affording due opportunity to the victims under Section 15-A of the SC/ST (POA) Act, 1989. 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.
PARTY: J.Saravanan vs 1.The State Rep by Assistant Commissioner of Police, SRMC Police Station, SRMC Limit, Chennai – 600 116 – Crime No.187/2023- Crl.O.P.No.7672 of 2023.
https://mhc.tn.gov.in/judis/index.php/casestatus/viewpdf/1031942
J.Saravanan-vs.-The-State-by-A.C.P
