Kumar v. The State Rep By The

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.04.2022

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.8143 of 2022 1.Kumar 2.Thangamani 3.M.Mahendran 4.M.Vijayakanth 5.Shanmugam 6.A.Manikandan 7.V.Nagesh 8.P.Santherakesan 9.Prasanth 10.S.Pachiyappan 11.M.Selvam mani 12.P.Selvakumar 13.E.Pandidurai ... Petitioners / Accused Vs.

1. The State Rep. by the Inspector of Police, Kadaladi Police Station, Thiruvannamalai District.

Crime No.38 of 2022.

2. The Deputy Superintendent of Police, Polur Sub Division, Thiruvannamalai District.

... Respondents / Complainants PRAYER: This Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the petitioners to surrender and move bail application and direct the Special Court for exclusive trial of cases under the SC and ST (Prevention of Atrocities Act), 1987 and Amendment Act, 2015, Thiruvannamalai to consider their bail application on the same day in respect of Crime Number 38 of 2022, on the file of the Inspector of Police, Kadaladi Police Station, Thiruvannamalai District, pending investigation.

For Petitioners : Mr.M.Prabahaaran 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 petitioners to surrender and move bail application and direct the Special Court for exclusive trial of cases under the SC and ST (Prevention of Atrocities Act), 1987 and Amendment Act, 2015, Thiruvannamalai to consider their bail application on the same day in respect of Crime Number 38 of 2022, on the file of the Inspector of Police, Kadaladi Police Station, Thiruvannamalai District, pending investigation.

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 the Special Court for exclusive trial of cases under the SC and ST (Prevention of Atrocities Act), 1987 and Amendment Act, 2015, Thiruvannamalai, to consider the petitioners bail application, preferably on the same day of their surrender in connection with Crime Number 38 of 2022 on the file of the first 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. 3.In view of the above, the Criminal Original Petition stands allowed.

Sd/- Assistant Registrar True Copy// Sub Assistant Registrar shk/sai

To

1. The Judge, Special Court for exclusive trial of cases under the SC and ST (Prevention of Atrocities Act), 1987 and Amendment Act, 2015, Thiruvannamalai.

2. The Inspector of Police, Kadaladi Police Station, Thiruvannamalai District.

Crime No.38 of 2022.

3. The Deputy Superintendent of Police, Polur Sub Division, Thiruvannamalai District.

4. The Public Prosecutor, High Court of Madras.

+1cc to Mr.M.Prabahaaran, Advocate, S.R.No.24513 Crl.O.P.No.8143 of 2022 KK[co] NSK 11/04/2022