Vijayakumar @ Vijayaprabakran v. The Deputy Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.04.2022

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.8244 of 2022 1.Vijayakumar @ Vijayaprabakaran 2.Sakthi @ Sakthivel 3.Marudhu @ Marudhupandian ... Petitioners/Accused Vs.

1.The Deputy Superintendent of Police (DSP), Thiruvannamalai (Rural), Thiruvannamalai District.

2.State By, The Inspector of Police, Vanapuram Police station, Thiruvannamalai District.

Crime No.495 of 2021 ... Respondents/Complainants PRAYER: This Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the Principal District Sessions Judge, Thiruvannamalai (Special Court for SC/ST POA Act Cases) to consider the bail petition of the petitioners on the same day in the event of surrender by the petitioners in Crime No.495 of 2021 pending on the file of the Inspector of Police, Vanapuram Police Station, Thiruvannamalai District.

For Petitioners : Mr.S.Silambuselvan 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 learned Principal District Sessions Judge, Thiruvannamalai (Special Court for SC/ST POA Act Cases) to consider the bail petition of the petitioners on the same day in the event of surrender by the petitioners in Crime No.495 of 2021 pending on the file of the Inspector of Police, Vanapuram Police Station, Thiruvannamalai District.

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 Principal District Sessions Judge, Thiruvannamalai (Special Court for SC/ST POA Act Cases), to consider the petitioners bail application, preferably on the same day of their surrender in connection with Crime No.495 of 2021 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(CCC) //True Copy// Sub Assistant Registrar shk/sai To 1.The learned Principal District Sessions Judge, Thiruvannamalai (Special Court for SC/ST POA Act Cases) 2.The Deputy Superintendent of Police (DSP), Thiruvannamalai (Rural), Thiruvannamalai District.

3.The Inspector of Police, Vanapuram Police station, Thiruvannamalai District.

4. The Public Prosecutor, High Court of Madras.

+1cc to Mr.S.Silambuselvan, Advocate, S.R.No.24955 Crl.O.P.No.8244 of 2022 SJ(CO) KM(12/04/2022) https://hcservices.ecourts.gov.in/hcservices/