Madras High CourtCRL OP/3152/2022ordered

R.Bass @ Baskar v. The State Rep By

2022-02-16Honourable Mr Justice A.D.Jagadish Chandira2 pages

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.3152 of 2022 1.R.Bass @ Baskar 2.Iyappan 3.Niruban Sakravarthi ... Petitioners Vs

1. The State rep. by The Deputy Superintendent of Police, Villupuram & District.

2. The Inspector of Police, Kandachipuram Police Station, Villupuram District, Crime No.34 of 2022.

... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the learned Special Court for Exclusive trial of cases registered under SC/ST (POA) Act, Villupuram District to consider on the same day, the bail application of the petitioners on their surrender in connection with Crime No.34/2022 on the file of the second respondent herein.

For Petitioner : Mr.G.Magesh Kumar For Respondents : Mr.A.Gokulakrishnan Additional Public Prosecutor

O R D E R

This petition is filed for a direction to direct the learned Special Court for Exclusive trial of cases registered under SC/ST (POA) Act, Villupuram District to consider on the same day, the bail application of the petitioners on their surrender in connection with Crime No.34/2022 on the file of the second respondent herein.

2. In view of the specific bar under Section 18 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) https://hcservices.ecourts.gov.in/hcservices/

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 Special Court for Exclusive trial of cases registered under SC/ST (POA) Act, Villupuram District to consider the petitioner's bail application, preferably on the same day of his surrender in connection with Crime No.34 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(CS-VII) //True Copy// Sub Assistant Registrar vri/shk To

1. The Special Court for Exclusive trial of cases registered under SC/ST (POA) Act, Villupuram District.

2. The Deputy Superintendent of Police, Villupuram & District.

3. The Inspector of Police, Kandachipuram Police Station, Villupuram District, Crime No.34 of 2022.

4. The Public Prosecutor, Madras High Court.

+1cc to Mr.G.Magesh Kumar, Advocate, S.R.No.10167 CRL.O.P No.3152 of 2022 GP(CO) SU(17/02/2022) https://hcservices.ecourts.gov.in/hcservices/