Madras High CourtCRL OP/5935/2022disposed of

Ramasamy v. The Deputy Superintendent Of Police

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.5935 of 2022 1.Ramasamy 2.Jeyabalan 3.Devaraj 4.Chithra 5.Balu 6.Jeyanthi 7.Velu 8.A.Nandakumar ... Petitioners Vs.

1.The Deputy Superintendent of Police, Kallakurichi, Kallakurichi District.

2.The Inspector of Police, Elavanasoorakottai Police Station, Kallakurichi District, Crime No.38 of 2022.

... Respondents PRAYER: This Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the learned Special Court SC/ST (POA) Act, Villupuram to accept the bail application of the petitioner on the same day of presentation in Crime No.38 of 2022 on the file of the respondent police.

For Petitioners : Mr.P.Jayachandran 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 Special Court SC/ST (POA) Act, Villupuram to accept the bail application of the petitioner on the same day of presentation in Crime No.38 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 https://hcservices.ecourts.gov.in/hcservices/

of misusing the pious intention of the Parliament against innocent persons, there shall be a direction to learned Special Court SC/ST (POA) Act, Villupuram, to consider the petitioners bail application, preferably on the same day of their surrender in connection with Crime No.38 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 Special Judge, The Special Court SC/ST (POA) Act, Villupuram.

2. The Deputy Superintendent of Police, Kallakurichi, Kallakurichi District.

3.The Inspector of Police, Elavanasoorakottai Police Station, Kallakurichi District.

4. The Public Prosecutor, High Court of Madras.

+1cc to Mr.P.Jayachandran, Advocate Sr.No.17316 Crl.O.P.No.5935 of 2022 RP(CO) KM(16/03/2022) https://hcservices.ecourts.gov.in/hcservices/