Madras High CourtCRL OP/6885/2022ordered

S.Sivakumar v. The Assisitant Commissioner

2022-03-28Honourable Mr Justice A.D.Jagadish Chandira2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.03.2022

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.6885 of 2022 S.Sivakumar ... Petitioner Vs.

1.The Assistant Commissioner/ Deputy Superintendent of Police, Pattabiram, Thiruvallur District.

2.State by, The Inspector of Police, Thirunindravur Police Station, Thiruvallur District.

Crime No.104 of 2022.

... Respondents PRAYER: This Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the learned Principal District & Sessions Judge, (Special Court under SC & St Atrocities Act) at Thiruvallur, Thiruvallur District to accept the surrender of the petitioner concerned in Crime No.104 of 2022 on the file of the Inspector of Police, Thirunindravur Police Station, Thiruvallur District and consider the bail petition on the same day itself. For Petitioner : Mr.M.R.Elavarasan 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 & Sessions Judge, (Special Court under SC & St Atrocities Act) at Thiruvallur, Thiruvallur District to accept the surrender of the petitioner concerned in Crime No.104 of 2022 on the file of the Inspector of Police, Thirunindravur Police Station, Thiruvallur District and consider the bail petition on the same day itself.

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 & Sessions Judge, (Special Court under SC & St Atrocities Act) at Thiruvallur, Thiruvallur District, to consider the petitioner bail application, preferably on the same day of his surrender in connection with Crime No.104 of 2022 on the file of the second respondent and pass appropriate orders in accordance with law, after affording due opportunity to the victim under Section 15-A 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 (CS-V) //True Copy// Sub Assistant Registrar shk/sai To 1.The Principal District & Sessions Judge, (Special Court under SC & ST Atrocities Act) at Thiruvallur, Thiruvallur District 2.The Assistant Commissioner/ Deputy Superintendent of Police, Pattabiram, Thiruvallur District.

3.The Inspector of Police, Thirunindravur Police Station, Thiruvallur District.

4. The Public Prosecutor, High Court of Madras.

+1cc to Mr.M.R.Elavarasan, Advocate, S.R.No. 20738 Crl.O.P.No.6885 of 2022 GN(28/03/2022) https://hcservices.ecourts.gov.in/hcservices/