Sunderamoorthy v. The Deputy Superintendent Of Police (Dsp)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.02.2022

CORAM

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA CRL.O.P.NO.3246 OF 2022 Sunderamoorthy ... Petitioner Vs

1. The Deputy Superintendent of Police, (DSP), Polur Sub-Division, Thiruvannamalai District.

2. State by The Inspector of Police, Kalasapakkam Police Station, Thiruvannamalai District, Crime No.55 of 2022.

... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the learned Principal District Sessions Judge, (Special Judge for SC/ST Act cases), Thiruvannamalai to consider the bail petition on the same day on the event of petitioner surrenders and seeks bail in the case pending enquiry in Crime No.55 of 2022 on the file of the Inspector of Police, Kalasapakkam Police Station, Thiruvannamalai District.

For Petitioner : Mr.S.Silambu Selvan For Respondents : Mr.A.Gokulakrishnan Additional Public Prosecutor

O R D E R

This petition is filed for a direction to the learned Principal District Sessions Judge, (Special Judge for SC/ST Act cases), Thiruvannamalai to consider the bail petition on the same day on the event of petitioner surrenders and seeks bail in the case pending enquiry in Crime No.55 of 2022 on the file of https://hcservices.ecourts.gov.in/hcservices/

the Inspector of Police, Kalasapakkam Police Station, Thiruvannamalai District.

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 Principal District Sessions Judge, (Special Judge for SC/ST Act cases), Thiruvannamalai, to consider the petitioner's bail application, preferably on the same day of his surrender in connection with Crime No. 55 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 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(Digitization) //True Copy// Sub Assistant Registrar vri/shk To

1. The Deputy Superintendent of Police, (DSP), Polur Sub-Division, Thiruvannamalai District.

2. State by The Inspector of Police, Kalasapakkam Police Station, Thiruvannamalai District, Crime No.55 of 2022.

3. The Principal District Sessions Judge, (Special Judge for SC/ST Act cases), Thiruvannamalai.

4. The Public Prosecutor, Madras High Court.

+1cc to Mr.S.Silambu Selvan, Advocate, S.R.No.9725 CRL.O.P.No.3246 of 2022 SPD(CO) RLP(17/02/2022) https://hcservices.ecourts.gov.in/hcservices/