Guna v. The State Repby

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.03.2022

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.7184 of 2022 1.Guna 2.Manikandan 3.Suriya @ Jayasuriya 4.Pugazhenthi 5.Thomas @ Arokiaraj ... Petitioners / Accused 1 to 5 Vs.

State rep by:

The Inspector of Police, Mangalam Police Station, Puducherry.

(Crime No.0006 of 2022) ... Respondent / Complainant PRAYER: This Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the learned Second Additional Sessions Judge, (Special Court for Exclusive Trial of cases registered under the SC/ST Prevention of Atrocities Act), 1989, Puducherry to accept the surrender of the petitioners concerned in Crime No.0006 of 2022 on the file of the respondent police and consider the bail petition on the same day itself. For Petitioners : Mr.M.Gnanasekar, For Respondent : Mr.V.Balamurugane, Public Prosecutor (Pondicherry)

O R D E R

This Criminal Original Petition has been filed seeking for a direction to the learned Second Additional Sessions Judge, (Special Court for Exclusive Trial of cases registered under the SC/ST Prevention of Atrocities Act), 1989, Puducherry to accept the surrender of the petitioners concerned in Crime No.0006 of 2022 on the file of the respondent police and consider the bail petition on the same day itself.

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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 Second Additional Sessions Judge, (Special Court for Exclusive Trial of cases registered under the SC/ST Prevention of Atrocities Act), 1989, Puducherry, to consider the petitioners bail application, preferably on the same day of their surrender in connection with Crime No.0006 of 2022 on the file of the respondent and pass appropriate orders in accordance with law, after affording due opportunity to the victims under Section 15A 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 VIII) //True Copy// Sub Assistant Registrar shk/sai To

1. The learned Second Additional Sessions Judge, (Special Court for Exclusive Trial of cases registered under the SC/ST Prevention of Atrocities Act),1989, Puducherry

2. The Inspector of Police, Mangalam Police Station, Puducherry.

3. The Public Prosecutor, High Court of Madras.

+1cc to Mr.M.Gnanasekar,, Advocate, S.R.No.21397 Crl.O.P.No.7184 of 2022 RR[co] NSK 30/03/2022 https://hcservices.ecourts.gov.in/hcservices/