Themeemun Ansari v. Deputy Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.04.2022

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA 1.Thameemun Ansarai 2.Mohammed Ali 3.Mohammed Musthafa ... Petitioners Vs.

1.The Deputy Superintendent of Police, Ulundurpettai, 2.The State rep by its, The Inspector of Police, Elavanasoorapettai Police Station, (Crime No.72/2022) ... Respondents PRAYER: This Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the *Learned Sessions Cum District Judge, Special Court for Exclusive Trial Cases under SC/ST Act Villupuram District to accept the surrender of the petitioner herein connected in Crime No.72 of 2022 on the file of the second respondent Police and consider the bail petition on the same day itself.

For Petitioners : Mr.E.Balamurugan 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 Sessions Cum District Judge, (Special Court for Exclusive Trial of cases registered under the SC/ST Act Special Court for Exclusive Trial of Cases under SC/ST Act Villupuram District to accept the surrender of the petitioners connected in Crime No.72 of 2022 on the file of the second respondent Police 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 innocent persons, there shall be a direction to the *Learned Sessions Cum District Judge (Special Court for Exclusive Trial of cases under SC/ST Act Villupuram District to consider the petitioners bail application, preferably on the same day of their surrender in connection with Crime No.72 of 2022 on the file of the second respondent and pass appropriate orders in accordance with law, after affording due opportunity to the victims under Section 15-A 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) Dated:19/04/2022 (*)Corrected as per order of this Court dated 22.06.2022 made in Crl.M.P.No.7769 of 2022 in Sd/- Assistant Registrar(CS-IX) Dated:23/06/2022 //True Copy// Sub Assistant Registrar shk/sai To

1. The Sessions Cum District Judge, To be substituted the Special Court for Exclusive Trial order already Cases under SC/ST Act, despatched on Villupuram District. 22.04.2022 2.The Deputy Superintendent of Police, Ulundurpettai,

3.The Inspector of Police, Elavanasoorapettai Police Station, 4.The Public Prosecutor, High Court of Madras.

+1cc to Mr.E.Balamurugan, Advocate, S.R.No.26496 PM(CO) SB(19/04/2022) mg[co] srg 23/06/2022