Selvam @ Selvakumar @ Manikandan v. The State Repby Its

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.2894 of 2022 Selvam @ Selvakumar @ Manikandan ... Petitioner Vs

1. The State rep by its, The Inspector of Police, Vanur Police Station, Villupuram District, Crime No.246 of 2016.

2. The Deputy Superintendent of Police, Kottakuppam Sub Division, Vanur Taluk, Villupuram District.

... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the District and Sessions Judge, (Special Court for S.C/S.T Act) Villupuram, to accept the surrender of the petitioner in connection with the Crime No.246 of 2016, on the file of the 1st respondent Police and to consider and pass orders in the bail application on the same day. For Petitioner : Mr.V.Elangovan For Respondents : Mr.V.Meghanathan Government Advocate (Crl.Side)

O R D E R

This petition is filed for a direction to direct the learned District and Sessions Judge, Special Court for SC/ST Act Cases, Villupuram, 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.246 of 2016 on the file of the 1st respondent.

2. In view of the specific bar under Section 18 of the https://hcservices.ecourts.gov.in/hcservices/

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 District and Sessions Judge, (Special court for Trial of SC/ST Act Cases), Villupuram, to consider the petitioner's bail application, preferably on the same day of his surrender in connection with Crime No.246 of 2016 on the file of the 1st 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(CS-IX) //True Copy// Sub Assistant Registrar vkr To

1. The District and Sessions Judge, (Special court for Trial of SC/ST Act Cases), Villupuram.

2. The Inspector of Police, Vanur Police Station, Villupuram District, Crime No.246 of 2016.

3. The Deputy Superintendent of Police, Kottakuppam Sub Division, Vanur Taluk, Villupuram District.

4. The Public Prosecutor, High Court, Madras.

+1cc to M/s.Doraisamy, Advocate, S.R.No.7870 CRL.O.P.No.2894 of 2022 PMK(CO) SU(21/02/2022) https://hcservices.ecourts.gov.in/hcservices/