Pugazhenthi v. State Rep By

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.8147 OF 2022 1.Pugazhenthi 2.Nesamani ... Petitioners/ Accused 1 & 2 Vs.

1. State rep.by, The Deputy Superintendent of Police, Chengam Subdivision, Tiruvannamalai District.

2. State rep.by, The Inspector of Police, Chengam Police Station, Tiruvannamalai District.

Crime No.1832 of 2020.

... Respondents/ Complainant PRAYER:

This Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the learned Principal District and Sessions Judge, Tiruvannamalai (Special Judge for SC/ST Act cases) to consider the petitioners bail application to be filed on the same day on their surrender in Crime No.1832 of 2020 pending investigation on the file of the respondent.

For Petitioners : Mr.C.C.Chellappan 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 the learned Principal District and Sessions Judge, Tiruvannamalai (Special Judge for SC/ST Act cases) to consider the petitioners bail application to be filed on the

same day on their surrender in Crime No.1832 of 2020 pending investigation on the file of the respondent.

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 learned Principal District and Sessions Judge, Tiruvannamalai (Special Judge for SC/ST Act cases), to consider the petitioners bail application, preferably on the same day of their surrender in connection with Crime No.1832 of 2020 on the file of the second respondent and pass appropriate orders in accordance with law, after affording due opportunity to the victims under Section 15A 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 learned Principal District and Sessions Judge, Tiruvannamalai (Special Judge for SC/ST Act cases)

2. The Deputy Superintendent of Police, Chengam Subdivision, Tiruvannamalai District.

3. State rep.by, The Inspector of Police, Chengam Police Station, Tiruvannamalai District.

4. The Public Prosecutor, High Court of Madras.

+1cc to Mr.C.C.Chellappan, Advocate, S.R.No.24510 Crl.O.P.No.8147 of 2022 KK(CO) PM/11/04/2022