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Madras High CourtWP/10756/2022disposed of

B.Arumugam v. The District Collector

2022-04-27Honourable Ms.Justice V.M.Velumani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.06.2022

CORAM:

THE HON'BLE MR.JUSTICE N.SATHISH KUMAR CRL.O.P(MD)No.10756 of 2022 1.Chandrasekar 2.Ramamoorthy 3.Baskaran 4.A.D.S.Ramachandran 5.Ethiraju 6.Sai Suresh Kumar @ Suresh Kumar ... Petitioners

Versus

1.State represented by its The Deputy Superintendent of Police, Manapparai, Trichy District.

2.The Inspector of Police, Manapparai Police Station, Trichy District.

(In Crime No.179 of 2022).

3.Prabhu ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the 1st Additional District Judge (PCR), Trichy to consider the bail application of the petitioners on the same day of their surrender before that Court in connection with Crime No.179 of 2022 on the file of the 2nd respondent.

For Petitioner :

Mr.Vadivelan.T For R1 & R2 :

Mr.A.Gokulakrishnan, Additional Public Prosecutor *****

ORDER

This Criminal Original Petition has been filed seeking for a direction to the learned 1st Additional District Judge (PCR), Trichy to consider the bail application of the petitioners on the same day of their surrender in Crime No.179 of 2022, on the file of the 2nd respondent Police.

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 learned 1st Additional District Judge (PCR), Trichy, to consider the petitioners bail application, preferably on the same day of their surrender in connection with Crime No.179 of 2022 on the file of the 2nd 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 IX) //True Copy// Sub Assistant Registrar vv2 To 1.The 1st Additional District Court (PCR), Trichy.

2.The Deputy Superintendent of Police, Manapparai, Trichy District.

3.The Inspector of Police, Manapparai Police Station, Trichy District.

4.The Public Prosecutor, High Court, Madras.

CRL.O.P(MD)No.10756 of 2022 SKM(CO) A.SK(14/07/2022)