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Madras High CourtCRL OP/3421/2022allowed

Elangovan v. Inspector 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.3421 of 2022 1.Elangovan 2.Thirugnanam 3.Karthick 4.Renganathan ... Petitioners/Accused 1,3 to 5 Vs.

1.The Deputy Superintendent of Police, Jayankondam, Ariyalur District.

2.The Inspector of Police, Udayarpalayam Police Station, Ariyalur District.

Crime No.412 of 2021 ... Respondents/Complainants PRAYER: This Criminal Original Petition filed under Section 482 Cr.P.C., directing the learned Principal Sessions Judge and Special Judge for Prevention of SC & ST Atrocities Act, Ariyalur, to consider the bail application on the same day on surrender of the petitioners in Crime No.412 of 2021 on the file of the respondents Police.

For Petitioners : Mr.R.Nalliyappan For Respondents : Mr.A.Gokulakrishnan Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed seeking for a direction to the learned Principal Sessions Judge and Special Judge for Prevention of SC & ST Atrocities Act, Ariyalur, to consider the bail application on the same day on surrender of the petitioners in Crime No.412 of 2021 on th file of the respondents Police.

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 Sessions Judge and Special https://hcservices.ecourts.gov.in/hcservices/

Judge for Prevention of SC & ST Atrocities Act, Ariyalur, to consider the petitioners bail application, preferably on the same day of their surrender in connection with Crime No.412 of 2021 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.

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

Sd/- Assistant Registrar (CS-IV) //True Copy// Sub Assistant Registrar shk/arb To 1.The Principal Sessions Judge and Special Judge for Prevention of SC & ST Atrocities Act, Ariyalur. 2.The Deputy Superintendent of Police, Jayankondam, Ariyalur District.

3.The Inspector of Police, Udayarpalayam Police Station, Ariyalur District.

Crime No.412 of 2021 4.The Public Prosecutor, Madras High Court.

+1cc to Mr.R.Nalliyappan, Advocate SR. No.10544 Crl.O.P.No.3421 of 2022 KV (CO) PR (18/02/2022) https://hcservices.ecourts.gov.in/hcservices/