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Madras High CourtCRL OP/5903/2022disposed of

V.Prabhu v. The State, Represented By

2022-03-15Honourable Mr Justice A.D.Jagadish Chandira2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.03.2022

CORAM

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.5903 of 2022 V.Prabhu ... Petitioner/Accused Vs.

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

2.The Inspector of Police, Sendamangalam Police Station, Namakkal District.

(Crime No.30 of 2022).

... Respondents/Complainant PRAYER: This Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the learned Principal District and Sessions Court *(Special Court for SC/ST Act cases), Namakkal District to consider the bail application of the petitioner concerned in Crime No.30 of 2022, on the file of the Inspector of Police, Sendamangalam Police Station, Namakkal District on his surrender on the same day.

For Petitioner : Mr.S.Nedunchezhiyan For Respondents : Mr.V.Meganathan, Government Advocate (crl.side)

O R D E R

This Criminal Original Petition has been filed seeking for a direction to the learned Principal District and Sessions Court *(Special Court for SC/ST Act cases), Namakkal District to consider the bail application of the petitioner concerned in Crime No.30 of 2022, on the file of the Inspector of Police, Sendamangalam Police Station, Namakkal District on his surrender on the same day.

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

innocent persons, there shall be a direction to learned Principal District and Sessions Court *(Special Court for SC/ST Act cases), Namakkal District, 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 15A 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(CCC) Dated: 16/03/2022 * Amended as per order dated 28/04/2022 made in Crl.M.P.No.5662 & 5663 of 2022 in Crl.O.P.No.5903 of 2022. Sd/- Assistant Registrar(CCC) Dated : 09/05/2022 //True Copy// Sub Assistant Registrar shk/sai To

1. The learned Principal District * To be substituted and Sessions Judge, Namakkal District. the order already

2. The Deputy Superintendent of Police, despatched on Namakkal District, Namakkal.

18/03/2022

3. The Inspector of Police, Sendamangalam Police Station, Namakkal District.

(Crime No.30 of 2022).

4. The Public Prosecutor, High Court of Madras.

*5. The Principal District and Sessions Court (Special Court for SC/ST Act cases), Namakkal District.

+1cc to Mr.S.Nedunchezhiyan, Advocate, S.R.No.17526 Crl.O.P.No.5903 of 2022 NMI(CO) CT 16/03/2022 RLP(10/05/2022) https://hcservices.ecourts.gov.in/hcservices/