Arivalagan v. The Deputy Superintendent Of Police

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.5874 OF 2022 1.Arivalagan 2.Ari @ Harikrishnan 3.Thangaraj @ Thangarasu 4.Anbalagan @ Anbazhagan ... Petitioners Vs.

1. The Deputy Superintendent of Police,(DSP), Chengam Sub-Division, Thiruvannamalai District.

2. State by, The Inspector of Police, Chengam Police Station, Thiruvannamalai District.

Crime No.786 of 2021.

... Respondents PRAYER: This Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the learned Principal District Sessions Judge, (Special Judge for SC/ST Act Cases), Thiruvannamalai to consider the bail petition on the same day on the event of petitioners surrender and seeks bail in the case pending enquiry in Crime No.786 of 2021 on the file of the Inspector of Police, Chengam Police Station, Thiruvannamalai District. For Petitioners :

Mr.S.Silambuselvan For Respondents :

Mr.A.Gokulakrishnan, Additional Public Prosecutor.

O R D E R

This Criminal Original Petition has been filed seeking for a direction to the learned Principal District Sessions Judge, (Special Judge for SC/ST Act Cases), Thiruvannamalai to consider the bail petition on the same day on the event of petitioners surrender and seeks bail in the case pending enquiry in Crime No.786 of 2021 on the file of the Inspector of Police, Chengam Police Station, Thiruvannamalai District.

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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 learned Principal District Sessions Judge, (Special Judge for SC/ST Act Cases), Thiruvannamalai, to consider the petitioners bail application, preferably on the same day of their surrender in connection with Crime No.786 of 2021 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(CCC) //True Copy// Sub Assistant Registrar shk/sai To

1. The Principal District Sessions Judge, (Special Judge for SC/ST Act Cases), Thiruvannamalai.

2. The Deputy Superintendent of Police,(DSP), Chengam Sub-Division, Thiruvannamalai District.

3. The Inspector of Police, Chengam Police Station, Thiruvannamalai District, Crime No.786 of 2021.

4. The Public Prosecutor, High Court of Madras.

+1cc to M/s.S.Silambu selvan, Advocate, S.R.No.17257 Crl.O.P.No.5874 of 2022 RP(CO) RLP(16/03/2022) https://hcservices.ecourts.gov.in/hcservices/