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Madras High CourtCRL OP/5341/2022ordered

R.Chandran v. The State Rep By

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.5341 OF 2022

1. R.Chandran

2. J.Babu ... Petitioners/Accused .Vs.

1. The State Represented by its Assistant Commissioner of Police, Ammapettai, Salem City.

... 1st Respondent/Respondent

2. The Inspector of Police, Ammapettai Police Station, Salem District.

(Crime No.65 of 2022) ... 2nd Respondent/Complainant PRAYER:- This Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the Special Court/Principal District Judge, Salem to consider the petitioners bail petition on the same day on their surrender before the Court in connection with the case in Crime No.65 of 2022 on the file of the second Respondent police.

For Petitioners : Mr.A.M.Easkkiappan For Respondents : Mr.V.Meghanathan Government Advocate (criminal side)

O R D E R

This Criminal Original Petition has been filed seeking for a direction to the learned Principal District Judge, Special Court, Salem to consider the petitioners bail petition on the same day on their surrender before the Court in connection with the case in Crime No.65 of 2022 on the file of the second Respondent police.

https://hcservices.ecourts.gov.in/hcservices/

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 District Judge, Special Court, Salem, to consider the petitioner bail application, preferably on the same day of their surrender in connection with Crime No.65 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 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 IX) //True Copy// Sub Assistant Registrar shk/sai To 1.

The Principal District Judge, Special Court, Salem.

2.

The Assistant Commissioner of Police, Ammapettai, Salem City.

3.

The Inspector of Police, Ammapettai Police Station, Salem District.

(Crime No.65 of 2022) 4.

The Public Prosecutor, High Court of Madras.

+1cc to Mr.A.M.Easkkiappan, Advocate, S.R.No.15196 CRL.O.P.NO.5341 OF 2022 PM(CO) PBS/09/03/2022 https://hcservices.ecourts.gov.in/hcservices/