Madras High CourtCRL OP/9152/2022allowed

Manibharathi v. Deputy Superintendent Of Police

2022-04-22Honourable Mr Justice A.D.Jagadish Chandira2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.04.2022

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.9152 of 2022 1.Manibharathi 2.Dinesh Kumar ... Petitioners/Accused 6&7 Vs.

1. The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Cuddalore District.

2. State represented by, The Inspector of Police, Virudhachalam Police Station, Cuddalore District.

(Crime No.684 of 2021) ... Respondents/Complainants PRAYER: This Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the learned Principal Sessions and District Judge, (Special Judge), SC/ST Act cases, Cuddalore District to consider the bail application filed by the petitioners on their surrender in connection with Crime No.684 of 2021 on the file of the second respondent police on the same day.

For Petitioners : Mr.N.Sakthivel For Respondents : Mr.V.Meganathan, Government Advocate (Crl. side)

ORDER

This Criminal Original Petition has been filed seeking for a direction to the learned Principal Sessions and District Judge, (Special Judge), SC/ST Act cases, Cuddalore District to consider the bail application filed by the petitioners on their surrender in connection with Crime No.684 of 2021 on the file of the second respondent police on the same day.

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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 and District Judge, (Special Judge), SC/ST Act cases, Cuddalore District to consider the bail application of the Petitioners on the same day of their surrender in Crime No.684 of 2021 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 III) //True Copy// Sub Assistant Registrar SHK/SAI To

1. The Principal Sessions and District Judge, (Special Judge), SC/ST Act cases, Cuddalore District.

2. The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Cuddalore District.

3. The Inspector of Police, Virudhachalam Police Station, Cuddalore District.

4. The Public Prosecutor, High Court of Madras.

+2cc to Mr.N.Sakthivel, Advocate, S.R.No. 27510 Crl.O.P.No.9152 of 2022 NR (CO) TE (22/04/2022) https://hcservices.ecourts.gov.in/hcservices/