Kumar v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.03.2022

CORAM

THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.5390 of 2022 1.Kumar 2.Sivasankari ... Petitioners Accused 1&2 Vs State Represented by The Inspector of Police, Valavanur Police Station, Villupuram District.

(Crime No.114 of 2022) ... Respondent PRAYER: This Criminal Original Petition filed under Section 482 Cr.P.C., to direct the learned Principal District & Sessions Judge at Villupuram to consider the Bail application to be filed by the petitioners in Crime No.114 of 2022, for the offences under Section 294(b), 323, 324 of IPC r/w 3(1)(r) & 3(1)(s) of the SC & ST (Prevention of Atrocities) Amendment Act, 2015 and release them on bail on the very same day of their surrender by filing the bail petition before the said court. For Petitioners : Mr.K.Sarathkumar For Respondent : Mr.A.Gokulakrishnan Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed seeking for a direction to the learned Principal District & Sessions Judge at Villupuram to consider the Bail application to be filed by the petitioners in Crime No.114 of 2022, for the offences under Section 294(b), 323, 324 of IPC r/w 3(1)(r) & 3(1)(s) of the SC & ST (Prevention of Atrocities) Amendment Act, 2015 and release them on bail on the very same day of their surrender by filing the bail petition before the said court.

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

Principal District & Sessions Judge at Villupuram, to consider the petitioners bail application, preferably on the same day of their surrender in connection with Crime No.114 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 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 II) //True Copy// Sub Assistant Registrar shk/arb To

1. The Principal District & Sessions Judge, Villupuram.

2. The Inspector of Police, Valavanur Police Station, Villupuram District.

3. The Public Prosecutor, High Court of Madras.

+1cc to Mr.K.Sarathkumar, Advocate, S.R.No.14812 Crl.O.P.No.5390 of 2022 MG(CO) CT 08/03/2022 https://hcservices.ecourts.gov.in/hcservices/