Madras High CourtCRL OP/10207/2022dismissed

Selvaraj @ Dharani v. The State Rep By

2022-05-06Honourable Mr Justice P. Velmurugan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.05.2022

CORAM:

THE HON'BLE MR.JUSTICE P.VELMURUGAN Crl.O.P.No.10207 of 2022 1.Selvaraj @ Dharanai ... Petitioners/Accused 2 2.M.Pavunkumar ... Petitioners/ Accused 7 3.Raja ... Petitioners/ Accused Rank not known 4.K.Prem ... Petitioners/ Accused 3 5.K.Praveen Kumar ... Petitioners/ Accused 4 Vs.

1.The State Rep. by the Inspector of Police Kadaladi Police Station, Thiruvannamalai District.

(Crime No. 38 of 2022 ) 2.The Deputy Superintendent of Police Polur Sub Division Thiruvannamalai District.

... Respondents Complainants PRAYER: This Criminal Original Petition has been filed Under Section 482 of Criminal Procedure Code to direct the petitioners to surrender and move bail application and direct the Special Court for exclusive trial of cases under S.C. and S.T (Prevention of Atrocities Act), 1987 and Amendment Act, 2015, Thiruvannamalai to consider their bail application on the same day in respect of Crime Number 38 of 2022 on the file of the Inspector of Police, Kadaladi Police Station, Thiruvannamalai District pending investigation.

For Petitioners : Mr.M.Prabaharan For Respondents : Mr.R.Murthi Government Advocate (Crl.Side) O R D E R The respondent police registered a case against the petitioners for the offence punishable under Section 147, 148 and 324 IPC r/w Sections 3(1)(za)(A) and 3(2)(va) of Schedule Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1987 and Amendment Act, 2015 and Section 3(1) of the TNPPDL Act, https://hcservices.ecourts.gov.in/hcservices/

1992, in Crime No.38 of 2022.

2.Though the occurrence took place on 16.01.2022, the case was registered on 17.01.2022 and the petitioners are also ready to surrender before the respondent police, the respondent police are not ready to arrest the petitioners and complete the investigation. The respondent police are wantonly not arresting the petitioners and kept the matter pending without any progress. 3.Though the Schedule Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1987 provision of anticipatory bail is barred, the petitioners are using the provisions otherwise and they are seeking direction of this Court to surrender before the trial Court and seeking a direction to consider their bail petition on the same day. 4.Considering the serious nature of the offence and also considering the fact that the petitioners are colluded with the respondent police, this Court is not inclined to grant the relief sought for in this petition.

5.This petition is dismissed accordingly. The respondent police is directed to arrest the petitioners within a period of two (2) days from today.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar kas / dk To.

1.The Deputy Superintendent of Police Polur Sub Division Thiruvannamalai District.

2.The Inspector of Police Kadaladi Police Station, Thiruvannamalai District.

Crl.O.P.No.10207 of 2022 MG(CO) CT-09/05/2022 https://hcservices.ecourts.gov.in/hcservices/