Boopathi @ Poopathy v. The Deputy Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.04.2022

CORAM

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA CRL.O.P.NO.8378 OF 2022 Boopathi & Poopathy

...Petitioner / A2

Vs.

1.The Deputy Superintendent of Police, Valapadi, Salem District.

2.State by Inspector of Police, Thalaivasal Police Station, Salem District.

(Crime No.91 of 2022)

...Respondents

PRAYER : This Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the learned Principal District and Sessions Judge, (Special Court under SC & ST Atrocities Act), at Salem, Salem District to accept the surrender of the petitioner herein concerned in Crime No.91 of 2022 on the file of Inspector of Police, Thalaivasal Police Station, Salem District and consider the bail petition on the same day itself. For Petitioners :

Mr.K.Balu 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 and Sessions Judge, (Special Court under SC & ST Atrocities Act), at Salem, Salem District to accept the surrender of the petitioner herein concerned in Crime No.91 of 2022 on the file of Inspector of Police, Thalaivasal Police Station, Salem District and consider the bail petition on the same day itself.

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 https://hcservices.ecourts.gov.in/hcservices/

innocent persons, there shall be a direction to the learned Principal District and Sessions Judge, (Special Court under SC & ST Atrocities Act), at Salem, Salem District, to consider the petitioner's bail application, preferably on the same day of his surrender in connection with Crime No.91 of 2022 on the file of the second respondent and pass appropriate orders in accordance with law, after affording due opportunity to the victim under 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-IV) // True Copy // Sub Assistant Registrar shk/sai To 1.The learned Principal District and Sessions Judge, (Special Court under SC & ST Atrocities Act), Salem.

2.The Deputy Superintendent of Police, Valapadi, Salem District.

3.The Inspector of Police, Thalaivasal Police Station, Salem District.

4.The Public Prosecutor, High Court of Madras.

+1cc to Mr.K.Balu, Advocate, Sr.No.25323 Crl.O.P.No.8378 of 2022 RVM(13/04/2022) https://hcservices.ecourts.gov.in/hcservices/