Madras High CourtCRL OP/7065/2022allowed

M.Suresh v. The State, Represented By

2022-03-29Honourable Mr Justice A.D.Jagadish Chandira2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.03.2022

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA CRL.O.P.NO.7065 OF 2022 M.Suresh ... Petitioner Vs.

1. The State, represented by Deputy Superintendent of Police, Namakkal District, Namakkal.

2. The Inspector of Police, Sendamangalam Police Station, Namakkal District.

(Crime No.30 of 2022) ... Respondents PRAYER:

This Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the Principal District and Sessions Court, Special Court (SC/ST Act), Namakkal District to consider the bail application of the petitioner concerned in Crime No.30 of 2022, on the file of the Inspector of Police, Sendamangalam Police Station, Namakkal District on his surrender on the same day on such terms and conditions.

For Petitioner : Mr.S.Nedunchzhiyan, 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 Principal District and Sessions Court, Special Court (SC/ST Act), Namakkal District to consider the bail application of the petitioner concerned in Crime No.30 of 2022, on the file of the Inspector of Police, Sendamangalam Police Station, Namakkal District on his surrender on the same day on such terms and conditions.

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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 Principal District and Sessions Court, Special Court (SC/ST Act), Namakkal District, to consider the petitioner bail application, preferably on the same day of his surrender in connection with Crime No.30 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 VIII) //True Copy// Sub Assistant Registrar shk/sai To

1. The Principal District and Sessions Court, Special Court (SC/ST Act), Namakkal District.

2. The State, represented by The Deputy Superintendent of Police, Namakkal District, Namakkal.

3. The Inspector of Police, Sendamangalam Police Station, Namakkal District.

4. The Public Prosecutor, High Court of Madras.

+1cc to Mr.V.Vijay Shankar, Advocate, S.R.No.20885 +1cc to Mr.S.Nedunchezhiyan, Advocate, S.R.No.20855(31/03/2022) Crl.O.P.No.7065 of 2022 RR(CO) PM/30/03/2022 https://hcservices.ecourts.gov.in/hcservices/