Even though Section 18 of the SC/ST (Prevention of Atrocities) Act puts a bar on anticipatory bails for any alleged offences under the same act, a single judge bench of the Madras High Court comprising of Justice G. Chandrasekharan held that there shall be a direction to the Principal District and Sessions Judge/Special Courts for SC/ST cases, to consider the petitioner's bail application, “preferably on the same day” of his surrender in connection. Moreover, a mere direction issued by Courts to consider the bail petition on the same day does not amount to consider it favourably. One must also look into the gravity of the offence, previous antecedents of the petitioner and pass orders accordingly.
Facts:
This Criminal Original Petition was filed in the Madras High Court under Section 482 of CrPC, seeking for a direction to the learned Principal District and Sessions Judge/Special Courts for SC/ST cases, Tiruppur to consider the bail application of the petitioner in Crime No. 1362 of 2022 on the file of the Inspector of Police, Palladam Police Station, Palladam Taluk, Tirupur District on his surrender on the same day.
Observations of the Court:
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, the court observed that there shall be a direction to the learned Principal District and Sessions Judge/ Special Courts for SC/ST cases, Tiruppur, to consider the petitioner's bail application, preferably on the same day of his surrender in connection with Crime No. 1362 of 2022 on the file of the 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 court further ordered that the petitioner 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.
While disposing the bail petition, the court must also look into the gravity of the offence, previous antecedents of the petitioner and pass orders accordingly. Mere direction issued by this Court to consider the bail petition on the same day does not amount to consider it favourably.
Decision:
The Criminal Original Petition was allowed.
Case: K. Thirumoorthy vs The State represented by its Inspector of Police
Coram: Mr. Justice G. Chandrasekharan
Pronounced on: 22.12.2022
Citation: Crl. O.P. No. 31698 of 2022
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