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Madras High CourtCRL OP/8553/2022ordered

Sakthi@Sakthivel v. The Deputy Superintendent Of Police

2022-04-13Honourable Mr Justice A.D.Jagadish Chandira2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.04.2022

CORAM

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA CRL.O.P.NO.8553 OF 2022 1.Sakthi @ Sakthivel 2.Marudhu @ Marudhupandian ... Petitioners Vs.

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

2. The State by, The Inspector of Police, Vanapuram Police Station, Thiruvannamalai District.

Crime No.493 of 2021 ... Respondents PRAYER: This Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the learned Principal District Sessions Judge, (Special Judge For SC/ST Act Cases), Thiruvannamalai to consider the bail petition on the same day on the event of petitioner surrenders and seeks bail in the case pending enquiry in Crime No.493 of 2021 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 tothe learned Principal District Sessions Judge, (Special Judge For SC/ST Act Cases), Thiruvannamalai to consider the bail petition on the same day on the event of petitioner surrenders and seeks bail in the case pending enquiry in Crime No.493 of 2021 on the file of the Inspector of Police, Vanapuram Police Station, Thiruvannamalai District.

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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 Sessions Judge, (Special Judge For SC/ST Act Cases), Thiruvannamalai, to consider the petitioners bail application, preferably on the same day of their surrender in connection with Crime No.493 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(Digitization) //True Copy// Sub Assistant Registrar shk To

1. The Principal District Sessions Judge, (Special Judge For SC/ST Act Cases), Thiruvannamalai

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

3. The State by, 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.25454 Crl.O.P.No.8553 of 2022 JP(CO) RLP(18/04/2022) https://hcservices.ecourts.gov.in/hcservices/