Madras High CourtCRL OP/8322/2022allowed

K.Prem Kumar v. The Superintendent Of Police

2022-04-12Honourable Mr Justice A.D.Jagadish Chandira2 pages

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.8322 of 2022 K.Prem Kumar ... Petitioner Vs.

1.The Superintendent of Police, Salem District.

2.State by Inspector of Police, All Women Police Station, Sooramangalam, Salem District.

(Crime No.7 of 2022) ... Respondents PRAYER: This Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the learned Principal Sessions Judge at Salem to accept the surrender of the petitioner and consider the bail petition on the same day in Crime No.7 of 2022. For Petitioners : Mr.R.Thamarai Selvan 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 Sessions Judge at Salem to accept the surrender of the petitioner and consider the bail petition on the same day in Crime No.7 of 2022. 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 Sessions Judge at Salem, to consider the petitioner's bail application, preferably on the same day of his surrender in connection with Crime No.7 of 2022 on the file of the second https://hcservices.ecourts.gov.in/hcservices/

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-VI) //True copy// Sub Assistant Registrar shk/sai To 1.The Principal Sessions Judge at Salem.

2.The Superintendent of Police, Salem District.

3.The Inspector of Police, All Women Police Station, Sooramangalam, Salem District.

4.The Public Prosecutor, High Court of Madras.

+3ccs to Mr.R.Thamarai Selvan, Advocate SR.No.25253, 25013 Crl.O.P.No.8322 of 2022 SR(CO) GMY(13/04/2022) https://hcservices.ecourts.gov.in/hcservices/