Judgment · High Court
Case at a glance
- Bench
- C SARAVANAN
Outcome
Disposed of
With the above direction, this Criminal Original Petition is disposed of
Provisions considered
Key paragraphs
- Para 33. 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…
Judgment
Crl.OP.No.12409 of 2024 IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 24.05.2024CORAMTHE HONOURABLE MR. JUSTICE C.SARAVANANCrl.O.P.No.12409 of 20241. Gunasekaran 2. Gnanasekaran3. Chinniyan 4. Lakshmi 5. Kamala 6. Kanagavalli @ Malliga 7. Krishnaveni ... PetitionersVs.
The Deputy Superintendent of Police Uthangarai, Krishnagiri District.
The State of Tamiladu Rep by its Inspector of Police Singarapettai Police Station, Krishnagiri District. ... Respondents PRAYER : This Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the Special Sessions Judge, Krishnagiri for Prevention of SC/ST Atrocities to accept the surrender of the petitioner in Cr.No.131 of 2024 on the file of the Inspector of Police, Singarapettai Police Station, Krishnagiri District) and consequently consider the petitioner's bail application on the same day.1/4 https://www.mhc.tn.gov.in/judis Crl.OP.No.12409 of 2024 For Petitioners : Mr.J.PradeepFor Respondents : Mr.S.Vinoth Kumar Government Advocate(Crl.side)
O R D E RThis Criminal Original Petition has been filed seeking for a direction to learned Special Sessions Judge, Krishnagiri for Prevention of SC/ST Atrocities to consider the petitioners' bail application on the same day of their surrender in Crime No.131 of 2024 on the file of the second respondent police.2. The petitioner has been arrayed as an accused in Crime No.131 of 2024 for the offences punishable under Sections 294(b), 323, and 427 of IPC @ to Sections 147, 148, 294(b), 323, and 427 of IPC r/w Section 3(1)(r) & 3(1)(a) and 3(2) of SC/ST (Prevention of Atrocities) Amendment Act, 2015.
Operative part
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 learned Special Sessions Judge, Krishnagiri for Prevention of SC/ST Atrocities Act to consider the 2/4 https://www.mhc.tn.gov.in/judis Crl.OP.No.12409 of 2024petitioners' bail application, preferably on the same day of their surrender in connection with Crime No.131 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. 4. 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. 5. With the above direction, this Criminal Original Petition is disposed of. 24.05.2024Internet : Yes / NoIndex: Yes / NoSpeaking / Non Speaking ordernr3/4 https://www.mhc.tn.gov.in/judis Crl.OP.No.12409 of 2024C.SARAVANAN, J.nrTo 1. The Special Sessions Judge, Krishnagiri for Prevention of SC/ST Atrocities Act.2. The Deputy Superintendent of Police Uthangarai, Krishnagiri District.3. The Inspector of Police Singarapettai Police Station, Krishnagiri District.
The Public Prosecutor, High Court of Madras, Chennai. Crl.O.P.No.12409 of 202424.05.20244/4
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: With the above direction, this Criminal Original Petition is disposed of
Which statutory provisions did this judgment involve?
Code of Criminal Procedure, 1973 — s. 482; Indian Penal Code, 1860; Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — ss. 15(a), 18.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.