LAWS(MAD)-2022-4-46

JONES Vs. STATE

Decided On April 26, 2022
JONES Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) This Criminal Original Petition has been filed to direct the learnedI Additional District and Sessions Judge, P.C.R.Court, Trichy, to consider the bail application on the day of surrender in Crime No.15 of 2022 on the file of the Deputy Superintendent of Police, Thiruverumpur, Trichy District for alleged offence under Ss. 498(A), 406 IPC read with 3(1)(r), 3(1)(s) of SC/ST Prevention of Atrocities Act, 1989 (POA) Amendment Act, 2015.

(2.) In view of the specific bar under Sec. 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 I Additional District and Sessions Judge, P.C.R.Court, Trichy District to consider the petitioners bail application, preferably on the same day of his surrender in connection with Crime No.15 of 2022 on the file of the second respondent and pass appropriate orders in accordance with law after affording due opportunity to the victim under Sec. 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.