A single-judge bench of the Madras High comprising of Justice K. Murali Shankar asked the Deputy Superintendent of Police to consider the petitioner’s bail application on the same day in light of Section 18 of the SC/ST (POA) Act. The court ordered that the petitioner shall surrender before the concerned jurisdictional Court, within fifteen days, from receiving a copy of this order. Further, the gravity of the offence shall also be looked into, for instance, previous antecedents of the petitioner and past orders.
Brief Facts:
The Petitioner is an accused for the offences punished under sections 147, 148, 341, 294(b) and 324 IPC and sections 3(I)(r), 3(I)(s) and 3(I)(va) of SC/ST (Prevention of Atrocities) Act, 1989 in Crime No. 16 of 2023, pending on the file of the second respondent police and apprehending arrest; he has filed the present petition. The petitioner filed the criminal original petition under Section 482 of the Criminal Procedure Code to the court to direct the learned District Principal and Sessions Court (PCR Cases), Thanjavur, to consider the bail application of the petitioner.
Contentions of the Respondent:
The respondent submitted that the petitioner does not have any previous cases or bad past records.
Observations of the Court:
The court observed that given 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 District Principal and Sessions Court (PCR Cases), Thanjavur, to consider the petitioner's bail application, preferably on the same day of his surrender in connection with Crime No.16 of 2023 on the file of the second respondent police and pass appropriate orders, in accordance with the law, after affording the due opportunity to the victim under Section 15(a) of the SC/ST Act. The petitioner shall surrender before the concerned jurisdictional Court, within fifteen days, of receiving a copy of this order. Further, the gravity of the offence shall also be looked into, for instance, previous antecedents of the petitioner and pass orders.
Decision:
The Court allowed the Criminal Original Petition and directed the Sessions Court to consider the bail petition on the same day.
Case Title: Manivannan v The Deputy Superintendent of Police
Coram: Justice K. Murali Shankar
Case No: Cri. O.P. (MD)No.1201 of 2023
Advocates for Petitioner: Mr K. Sivabalan
Advocate for Respondent: Mr R. Sivakumar (Government Advocate)
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