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Madras High CourtCRL OP/5269/2022ordered

Suresh v. The Deputy Superintendent Of Police

2022-03-08Honourable Mr Justice A.D.Jagadish Chandira2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.03.2022

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.5269 of 2022 Suresh ... Petitioner/Sole Accused Vs.

1. The Deputy Superintendent of Police, Deputy Superintendent office, Pennagaram, Dharmapuri District.

2. The Sub Inspector of Police, Perumbalai Police Station, Dharmapuri District.

( Crime No.30 of 2022) ... Respondents/Complainant PRAYER: This Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the District & Sessions Court, Dharmapuri (Special Judge for S.C& S.T. Act) to consider his surrender and pass appropriate orders on the bail application filed by the petitioner on the same day in connection with Crime No.30 of 2022 on the file of the respondent police.

For Petitioner : Mr.M.Jayachandran For Respondents: Mr.V.Meganathan Government Advocate (criminal side)

O R D E R

This Criminal Original Petition has been filed seeking for a direction to the District & Sessions Court, Dharmapuri (Special Judge for S.C& S.T. Act) to consider his surrender and pass appropriate orders on the bail application filed by the petitioner on the same day in connection with Crime No.30 of 2022 on the file of the respondent 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 District & Sessions Court, Dharmapuri (Special Judge for S.C& https://hcservices.ecourts.gov.in/hcservices/

S.T. Act), to consider the petitioner bail application, preferably on the same day of their surrender in connection with Crime No.30 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 15-A of the SC/ST (POA) Act, 1989. 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 IX) //True Copy// Sub Assistant Registrar shk/sai To

1. The District & Sessions Court, Dharmapuri (Special Judge for S.C& S.T. Act)

2. The Deputy Superintendent of Police, Deputy Superintendent office, Pennagaram, Dharmapuri District.

3. The Sub Inspector of Police, Perumbalai Police Station, Dharmapuri District.

( Crime No.30 of 2022)

4. The Public Prosecutor, High Court of Madras.

+1cc to Mr.M.Jayachandran, Advocate, S.R.No.15787 Crl.O.P.No.5269 of 2022 RGN(CO) CB(09/03/2022) https://hcservices.ecourts.gov.in/hcservices/