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Madras High CourtCRL OP/3476/2022allowed

Pushparaj v. Deputy Superintendent Of Police

2022-02-17Honourable Mr Justice A.D.Jagadish Chandira2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.02.2022

CORAM

THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.3476 of 2022 1.Pushparaj 2.Karthi @ Karthikeyan 3.Krishnaraj @ Krishnaraja 4.Arigovinthan

...Petitioners/Accused 3 to 6

Vs.

1.The Deputy Superintendent of Police, Panruti, Cuddalore District.

2.The State Represented by The Inspector of Police Station, Pudupettai Police Station, Cuddalore District.

Crime No.65 of 2022

...Respondents/Complainant

PRAYER: This Criminal Original Petition filed under Section 482 Cr.P.C., to direct the learned Special Court for SC/ST (Prevention of Atrocities) Amendment Act at Cuddalore, to consider the bail application of the petitioners herein on the same day of surrender pertaining to Crime No.65 of 2022 on the file of the Pudupettai Police Station, Cuddalore District. For Petitioners : Mr.D.Lakshmipathy For Respondents : Mr.A.Gokulakrishnan Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed seeking to direct the learned Special Court for SC/ST (Prevention of Atrocities) Amendment Act at Cuddalore, to consider the bail application of the petitioners herein on the same day of surrender pertaining to Crime No.65 of 2022 on the file of the Pudupettai Police Station, Cuddalore District.

2. Mr.A.Gokulakrishnan, learned Addditional Public Prosecutor for the respondents would submit that it is the case where the petitioners had brutally assaulted the victims and the victims are still undergoing treatment in hospital. He would https://hcservices.ecourts.gov.in/hcservices/

further submit that seven persons are injured in this case and they hav still taking treatment.

3. 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 Special Court for SC/ST (Prevention of Atrocities) Amendment Act at Cuddalore, to consider the petitioners bail application, preferably on the same day of their surrender in connection with Crime No.65 of 2022 on the file of the second 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 petitioners 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.

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

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar shk/arb To 1.The Special Court for SC/ST (Prevention of Atrocities) Amendment Act, Cuddalore.

2.The Deputy Superintendent of Police, Panruti, Cuddalore District.

3.The Inspector of Police, Pudupettai Police Station, Cuddalore District.

4.The Public Prosecutor, Madras High Court.

+1cc to Mr.D.Lakshmipathy, Advocate, S.R.No.10235 Crl.O.P.No.3476 of 2022 KV(CO) KKV/18/02/2022 https://hcservices.ecourts.gov.in/hcservices/