DATED : 21.08.2023
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
Criminal Original Petition No.18998 of 2023
Introduction:
The case of Crl.O.P No. .18998 of 2023 involves a petitioner who filed a Criminal Original Petition (Crl.O.P) under Section 482 of the Code of Criminal Procedure, 1973, before the High Court. The petitioner seeks a direction to the District and Sessions Judge (Special Court for SC/ST Act) in Mayiladuthurai to accept his surrender and consider his bail application on the same day for a case registered under Crime No.286 of 2022 at the Sembanarkoil Police Station, Mayiladuthurai District. The case was heard on 21st August 2023 before a judge. The petitioner was represented by Mr. S.P. Harikrishnan, and the respondents were represented by Mr. A. Damodaran, the Additional Public Prosecutor.
Facts of the Case:
The petitioner is seeking a direction from the High Court to the District and Sessions Judge to accept his surrender and consider his bail application on the same day. The petitioner is involved in a case registered under Crime No.286 of 2022 at the Sembanarkoil Police Station, Mayiladuthurai District. The case pertains to allegations covered by the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.
Legal Issues:
The primary legal issue in this case revolves around the petitioner’s request to have his surrender accepted and his bail application considered on the same day. Additionally, the court needs to address the implications of the amendments made to the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, on the proceedings.
Arguments and Analysis:
The petitioner’s counsel argued for the petitioner’s right to have a prompt consideration of his bail application upon his surrender. The petitioner’s surrender and bail application are particularly time-sensitive due to the nature of the case. The counsel emphasized the necessity of complying with the requirements of justice while considering the petitioner’s request.
On the other hand, the respondents, represented by the Additional Public Prosecutor, acknowledged the petitioner’s right to seek timely consideration of his bail application. However, they pointed out that due to the amendments in the SC/ST Act, routine directions cannot be issued in all cases. They suggested that the petitioner be allowed to surrender within two weeks from the date of the court’s order, and his bail application should be considered on the same day by the District and Sessions Judge.
Court’s Decision:
The judge, in delivering the judgment, acknowledged the petitioner’s request for a prompt consideration of his bail application. However, considering the amendments made to the SC/ST Act, the court noted that routine directions cannot be issued uniformly in all cases. Therefore, the court ordered the petitioner to surrender before the trial court within two weeks from the date of the court’s order. The District and Sessions Judge (Special Court for SC/ST Act) in Mayiladuthurai was directed to deal with the matter on the same day of the petitioner’s surrender, while adhering to the provisions of the law. The court also specified that notice should be issued to the victims under Section 15 (A) of the SC/ST Act before proceeding.
Conclusion:
The case of Crl.O.P No.18998 of 2023 presents an instance where a petitioner seeks a timely consideration of his bail application upon surrender for a case registered under the SC/ST Act. The court’s decision highlights the importance of balancing the petitioner’s rights with the legal provisions and amendments. The judgment underscores the need to consider the specific circumstances of the case and the implications of recent amendments while issuing directions. This case serves as a reminder of the judicial approach in light of changing legal frameworks and the importance of safeguarding justice for all parties involved.
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Written by- Shreeya S Shekar
