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Madras High CourtCRL OP/6886/2022ordered

K.Karthikeyan v. Deputy Superintendent Of Police

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.6886 of 2022 K.Karthikeyan ... Petitioner Vs.

1. The Deputy Superintendent of Police, Dharapuram Sub Division, Tiruppur District.

2. The Inspector of Police, All Women Police Station, Kangayam, Crime No.6 of 2022, Tiruppur District.

3. Moniga ... Respondents PRAYER: This Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the learned Special Court for SC & ST Act Cases/Principal Sessions Court, Tiruppur to consider the Bail petition to be filed by the petitioner, on his surrender on the same day, on merits in connection with the case in Crime No.6 of 2022 pending investigation on the file of the second respondent police.

For Petitioner : Mr.N.Manoharan, For Respondents : Mr.V.Meganathan for R1 & R2, Government Advocate (crl.side)

ORDER

This Criminal Original Petition has been filed seeking for a direction to the learned Special Court for SC & ST Act Cases/Principal Sessions Court, Tiruppur to consider the Bail petition to be filed by the petitioner, on his surrender on the same day, on merits in connection with the case in Crime No.6 of 2022 pending investigation on the file of the second 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 for SC & ST Act Cases/Principal Sessions Court, Tiruppur, to consider the petitioner bail application, preferably on the same day of his surrender in connection with Crime No.6 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 Special Judge for SC & ST Act Cases/Principal Sessions Judge, Tiruppur.

2. The Deputy Superintendent of Police, Dharapuram Sub Division, Tiruppur District.

3. The Inspector of Police, All Women Police Station, Kangayam, Crime No.6 of 2022, Tiruppur District.

4. The Public Prosecutor, High Court of Madras.

+1 cc to Mr.N.Manokaran, Advocate SR.NO. No.20869 Crl.O.P.No.6886 of 2022 BR (CO) TE (29/03/2022) https://hcservices.ecourts.gov.in/hcservices/