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Madras High CourtCRL OP/7338/2022allowed

R.Arumugam v. He Deputy Suprintendent Of Police

2022-03-31Honourable Mr Justice A.D.Jagadish Chandira2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.03.2022

CORAM

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA CRL.O.P.NO.7338 OF 2022 Arumugam ... Petitioner .Vs.

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

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

Crime No.79 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.79 of 2022 on the file of the respondent police.

For Petitioner : Mr.P.Jayachandran For Respondents : Mr.V.Meganathan Government Advocate (Criminal 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.79 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) https://hcservices.ecourts.gov.in/hcservices/

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 learned Special Court SC/ST (POA) Act, Villupuram, to consider the petitioner bail application, preferably on the same day of his surrender in connection with Crime No.79 of 2022 on the file of the respondents 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 Deputy Superintendent of Police, Kallakurichi, Kallakurichi District.

2.

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

3.

The Special Court (SC/ST) POA Act, Villupuram.

4.

The Public Prosecutor, High Court of Madras.

+1cc to Mr.P.Jayachandran, Advocate, S.R.No.21542 CRL.O.P.NO.7338 OF 2022 PVS(CO) PBS/01/04/2022 https://hcservices.ecourts.gov.in/hcservices/