Shek Mohamed v. The Deputy Superintedent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.04.2022

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.8808 of 2022 1.Shek Mohamad 2.Kajamaideen 3.Rabiya Begum ... Petitioners/Accused 1 to 3 Vs.

1.The Deputy Superintendent of Police, O/o.Deputy Superintendent of Police, Perundrurai, Erode District.

2.The Inspector of Police, Perundurai Police Station, Erode District.

Crime No.217 of 2022 ... Respondents/Complainant PRAYER: This Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the learned Principal District Judge, Erode cum Special Judge under SC & ST (P.A) Act, Erode to consider the bail application of the petitioners on their surrender in connection with the case in Crime No.217 of 2022 pending on the file of the Inspector of Police, Perundurai Police Station, Erode District on the same day. For Petitioners : Mr.S.P.Yuaraj 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 Judge, Erode cum Special Judge under SC & ST (P.A) Act, Erode to consider the bail application of the petitioners on their surrender in connection with the case in Crime No.217 of 2022 pending on the file of the Inspector of Police, Perundurai Police Station, Erode District on the same day.

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 Judge, Erode cum Special Judge under SC & ST (P.A) Act, Erode, to consider the petitioners bail application, preferably on the same day of their surrender in connection with Crime No.217 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(CS-II) //True Copy// Sub Assistant Registrar shk/sai To

1. The Principal District Judge, Erode cum Special Judge under SC & ST (P.A) Act, Erode 2.The Deputy Superintendent of Police, O/o.Deputy Superintendent of Police, Perundrurai, Erode District.

3.The Inspector of Police, Perundurai Police Station, Erode District.

4.The Public Prosecutor, High Court of Madras.

+1cc to Mr.SP.Yuaraj, Advocate, S.R.No.26896 Crl.O.P.No.8808 of 2022 AK II(CO) KM(21/04/2022) https://hcservices.ecourts.gov.in/hcservices/