Madras High CourtCRL OP/2662/2022ordered

Sripathi v. The Deputy Superintendent Of Police

2022-02-08Honourable Mr Justice A.D.Jagadish Chandira2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.02.2022

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA CRL.O.P.No.2662 of 2022 Sripathi ... Petitioner Vs 1.The Deputy Superintendent of Police, Cheyyar Sub Division, Cheyyar, Tiruvannamalai District.

2. The Inspector of Police Anakkavoor Police Station Anakkavoor, Tiruvannamalai District ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the Special Court for Trial of Cases registered under SC/ST (POA) Act, Tiruvannamalai, to consider the bail application of the petitioner in Crime No.3 of 2022 on the file of the 2nd respondent, if filed, on the same day when the surrenders before the said court.

For Petitioner : Mr.B.Jawahar For Respondents: Mr.V.Meghanathan Government Advocate

O R D E R

This petition is filed for a direction to direct the learned Judge, Special Court for Trial of SC/ST Act Cases, Tiruvannamalai, to consider the bail petition of the petitioner on the same day of surrender and dispose the same on merits and in accordance with law in crime No.3 of 2022 on the file of the 2nd respondent.

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2. 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, there shall be a direction to the learned Judge, (Special court for Trial of SC/ST Act Cases), Tiruvannamalai, to consider the petitioner's bail application, preferably on the same day of his surrender in connection with Crime No.3 of 2022 on the file of the 2nd respondent and pass appropriate orders in accordance with law after affording due opportunity to the victim under Section 15(A) of the SC/ST(POA) Act. 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.

3. In view of the above, the Criminal Original Petition stands allowed.

SD/- ASSISTANT REGISTRAR // TRUE COPY // SUB ASSISTANT REGISTRAR vkr To

1. The Special Judge, (Special court for Trial of SC/ST Act Cases), Tiruvannamalai.

2. The Deputy Superintendent of Police, Cheyyar Sub Division, Cheyyar, Tiruvannamalai District.

3. The Inspector of Police, Anakkavoor Police Station, Anakkavoor, Tiruvannamalai District.

4. The Public Prosecutor, High Court, Madras.

+1cc to Mr.B.Jawahar, Advocate Sr.8071 CRL.O.P.No.2662 of 2022 pmk[co] srg 21/02/2022 https://hcservices.ecourts.gov.in/hcservices/