Selvakumar v. The Deputy Superintendent Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 31.03.2023 CORAM :

THE HONOURABLE MR. JUSTICE SUNDER MOHAN Crl.O.P.No. 7164 of 2023

1. Selvakumar

2. Karthikeyan

3. Manikandan

4. Senthamizhselvan ... Petitioners

Versus

1. The Deputy Superintendent of Police Neyveli Sub Division, Neyveli, Cuddalore.

2. The Inspector of Police, Vadalur Police Station, Cuddalore District.

... Respondents PRAYER : Criminal Original Petition has been filed under Section 482 of the Criminal Procedure Code, to direct the Special Court for 1/6

S.C & S.T. Act cases, Cuddalore to consider the bail applications proposed to be filed by the petitioners in Crime No.434/2022, pending on the file of Vadalur Police Station, on the same day, when the petitioners are surrender before the Court. For Petitioners :

Mr. B.Jawahar For Respondent :

Mr. S.Santhosh Government Advocate (Crl. Side)

O R D E R

This Criminal Original Petition has been filed seeking direction to the Special Court for S.C & S.T Act Cases, Cuddalore to consider the bail applications proposed to be filed by the petitioners on their surrender in connection with Crime No.434 of 2022 on the file of the respondent police on the same day.

2. In view of the specific bar under Section 18 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) 2/6

Act, 1989 and also taking into consideration of the facts of the case, there shall be a direction to the Special Court for S.C & S.T Act Cases, Cuddalore to consider the petitioners' bail application on the same day of their surrender in connection with Crime No.434 of 2022 registered for the offence under Sections 147, 148, 341, 294(b), 336, 506(ii) of IPC and Section 5 of the Tamil Nadu Public Property (Prevention of Damage and Loss) Act, 1992, read with Section 3(1)(r), 3(1)(s), 3(2)(Va) of the S.C & S.T Act, on the file of the second respondent and pass appropriate orders in accordance with law. It is needless to say that the Court below while disposing the bail petition shall look into the gravity of the offence, previous antecedents of the petitioners and pass orders.

3. 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, after affording due opportunity to the victims under Section 15-A of the SC/ST (POA) Act, 1989, 3/6

4. In view of the above, the Criminal Original Petition stands allowed. No costs.

31.03.2023 kan Index: Yes/No Speaking Order / Non-Speaking Order 4/6

To

1. The Deputy Superintendent of Police Neyveli Sub Division, Neyveli, Cuddalore.

2. The Inspector of Police, Vadalur Police Station, Cuddalore District.

5/6

SUNDER MOHAN, J kan Crl.O.P.No. 7164 of 2023 31.03.2023 6/6