Madras High CourtCRL OP/9315/2022allowed

Mohan v. The State Rep By

2022-04-25Honourable Mr Justice A.D.Jagadish Chandira2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.04.2022

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.9315 of 2022 Mohan

...Petitioner

Vs.

The State Represented by The Sub Inspector of Police, PCR Cell, Puducherry.

Crime No.04/2021

...Respondent

PRAYER: This Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the Additional District Judge-II, Puducherry, to consider the Bail Application that may be preferred by the petitioners in Crime No.4 of 2021 dated 22.11.2021 on the file of the respondent police namely PCR Cell, Puducherry on the same day of petitioner surrender. For Petitioner : Mr.Prakash Adiapadam For Respondent : Mr.Balamurugane Public Prosecutor (Puducherry)

O R D E R

This Criminal Original Petition has been filed seeking for a direction to the learned Additional District Judge-II, Puducherry, to consider the Bail Application that may be preferred by the petitioner in Crime No.4 of 2021 dated 22.11.2021 on the file of the respondent police namely PCR Cell, Puducherry on the same day of petitioner surrender. 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 Hon'ble Additional District Judge-II, Puducherry, to consider the petitioner bail application, preferably on the same day of his surrender in connection with Crime No.4 of 2021 on the file of the second respondent and pass appropriate orders in accordance with law, after affording due opportunity to the victim under https://hcservices.ecourts.gov.in/hcservices/

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-VI) //True Copy// Sub Assistant Registrar nti/sai To

1. The Additional District Judge-II, Puducherry.

2. The Sub Inspector of Police, PCR Cell, Puducherry.

3. The Public Prosecutor, High Court of Madras.

+1cc to Mr.Prakash Adiapadam, Advocate, S.R.No.27835 Crl.O.P.No.9315 of 2022 SV(CO) RGA(25/04/2022) https://hcservices.ecourts.gov.in/hcservices/