LAWS(MAD)-2022-4-62

SUGA Vs. DEPUTY INSPECTOR OF POLICE

Decided On April 27, 2022
Suga Appellant
V/S
DEPUTY INSPECTOR OF POLICE Respondents

JUDGEMENT

(1.) This Criminal Original Petition is filed for a direction to accept the surrender of the petitioner before the Special Court for SC/ST (Prevention of Atrocities) Act i.e The I Additional District and Sessions Judge at Thanjavur, in connection with the Crime No.237 of 2022 on the file of the second respondent Police.

(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 Special Court for SC/ST (Prevention of Atrocities) Act i.e The I Additional District and Sessions Judge at Thanjavur, to consider the petitioner's bail application, preferably on the same day of his surrender in connection with Crime No.237 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.

(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.