Samykannu v. Deputy Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.04.2022

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.9338 of 2022

1. Samykannu

2. Rajendran

3. Muthusamy

4. Dhanapal

5. Kamaraj

6. Murugesan

7. Thangavel

8. Kanakkan

9. Periyasamy 10.Periyasamy @ Rengasamy 11.Nithiya 12.Kalaiselvi 13.Santhi 14.Rajendran 15.Thangarasu 16.Selvaraj 17.Adhimoolam

...Petitioners

Vs.

1.The Deputy Superintendent of Police, Mangalamedu, Perambalur District.

2.The State Represented by Inspector of Police, Kunnam Police Station, Perambalur District.

(Crime No.49 of 2022)

...Respondents

PRAYER: This Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the learned Principal District and Sessions Judge, (Special Court under SC & ST Atrocities Act) at Perambalur, Perambalur District to accept the surrender of the Petitioners herein concerned in Crime No.49 of 2022 pending on the file of the Inspector of Police, Kunnam Police Station, Perambalur District and consider the bail petition on the same day itself.

For Petitioner : Mr.K.Balu For Respondent : 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 and Sessions Judge, (Special Court under SC & ST Atrocities Act) at Perambalur, Perambalur District to accept the surrender of the Petitioners herein concerned in Crime No.49 of 2022 pending on the file of the Inspector of Police, Kunnam Police Station, Perambalur District 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 Principal District and Sessions Judge, (Special Court under SC & ST Atrocities Act) at Perambalur, Perambalur District to accept the surrender of the Petitioners in Crime No.49 of 2022 pending on the file of the second respondent and consider the bail petition on the same day 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 petitioner 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-V) //True Copy// Sub Assistant Registrar shk/sai To

1. The Principal District and Sessions Judge, (Special court under SC/ST Atrocities Act) Perambalur

2. The Deputy Superintendent of Police, Mangalamedu, Perambalur District.

3.The Inspector of Police, Kunnam Police Station, Perambalur District.

4.The Public Prosecutor, High Court of Madras.

+1cc to Mr.K.Balu, Advocate, S.R.No.29754 (29/04/2022) Crl.O.P.No.9338 of 2022 PA(CO) RGA(27/04/2022)