Palani v. State Represented By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.03.2022

CORAM

THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.4637 of 2022 1.Palani 2.Balaji 3.Gopal @ Gopalakrishnan 4.Babu 5.Mohan Das 6.Karpagam ... Petitioners/ A 1 to 6 Vs.

1. State represented by The Deputy Superintendent of Police, Thiruvallur District.

... 1st Respondent/ Respondent

2. The Inspector of Police, Manavallan Nagar Police Station, Thiruvallur District, (Crime No.51 of 2022) ...2nd Respondents/ Complainant PRAYER: This Criminal Original Petition filed under Section 482 Cr.P.C., directing the learned Principal District and Sessions Judge, Thiruvallur (Special Judge for SC & ST Act Cases) to consider the petitioners Bail Petition to be filed on the same day on their surrender in Crime No.51 of 2022 pending on the file of the second respondent.

For Petitioners : Mr.A.P.Sathyamurthy For Respondents : Mr.A.Gokulakrishnan Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed seeking for a direction to the learned Principal District and Sessions Judge, Thiruvallur (Special Judge for SC & ST Act Cases) to consider the petitioners Bail Petition to be filed on the same day on their surrender in Crime No.51 of 2022 pending on the file of the second 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 Principal District and Sessions Judge, Thiruvallur (Special Judge for SC & ST Act Cases) to consider the petitioners bail application, preferably on the same day of their surrender in connection with Crime No.51 of 2022 on the file of the second 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-IV) //True Copy// Sub Assistant Registrar shk/arb To

1. The Principal District and Sessions Judge, Thiruvallur (Special Judge for SC & ST Act Cases)

2. The Deputy Superintendent of Police, Thiruvallur District.

3. The Inspector of Police, Manavallan Nagar Police Station, Thiruvallur District, (Crime No.51 of 2022)

4. The Public Prosecutor, High Court of Madras.

+1cc to Mr.A.P.Sathyamurthy, Advocate, S.R.No.13269 Crl.O.P.No.4637 of 2022 BS(CO) SB(02/03/2022) https://hcservices.ecourts.gov.in/hcservices/