Madras High CourtCRL OP/6342/2022allowed

V.Ilangovan v. The Inspector Of Police

2022-03-21Honourable Mr Justice A.D.Jagadish Chandira2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.03.2022

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA CRL.O.P.NO.6342 OF 2022 1.V.Ilangovan 2.S.Prakash 3.K.Sathish Kumar ... Petitioners Vs.

State rep by The Inspector of Police, Ponneri Police Station, Thiruvallur District.

Crime No.48 of 2022.

... Respondent PRAYER:

This Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the learned Special Court for SC/ST cases, Thiruvallur District to consider the bail application on the very same day in the event of the petitioners surrendering before the Court and filing bail application in connection with Crime No.48 of 2022 on 04.03.2022 the file of the respondent police.

For Petitioners : Mr.G.Mohammed Aseef For Respondent : 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 Special Court for SC/ST cases, Thiruvallur District to consider the bail application on the very same day in the event of the petitioners surrendering before the Court and filing bail application in connection with Crime No.48 of 2022 on 04.03.2022 on the file of the respondent police. 2.Mr.Sudharshan, learned counsel seeks to intervene on behalf of the defacto complainant.

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3. 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 Special Court for SC/ST cases, Thiruvallur District, to consider the petitioners bail application, preferably on the same day of their surrender in connection with Crime No.48 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.

4. In view of the above, the Criminal Original Petition stands allowed.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar shk/sai To

1. The Special Court for SC/ST cases, Thiruvallur District

2. The Inspector of Police, Ponneri Police Station, Thiruvallur District.

Crime No.48 of 2022.

3. The Public Prosecutor, High Court of Madras.

Crl.O.P.No.6342 of 2022 GMR(CO) PM/22/03/2022 https://hcservices.ecourts.gov.in/hcservices/