Tamilselvan v. Deputy Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.04.2022

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.9654 of 2022 1.Tamilselvan 2.Arun 3.Ravichandran

...Petitioners

Vs.

1. The Deputy Superintendent of Police, Mangalamedu.

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

(Crime No.135 of 2022) 3.Chinnammal

...Respondents

PRAYER: This Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the learned Sessions Judge, Special Court for Scheduled Cast and the Scheduled Tribes (Prevention of Atrocities) Act, Perambalur to consider the bail petition preferred by the petitioner on the same day concerned in Crime No.135 of 2022 on the file of Kunnam Police Station, Perambalur District on the same day on their surrender.

For Petitioners : Mr.K.Selvarangan For Respondents : Mr.V.Meganathan for R1 and R2, Government Advocate (Crl. side)

O R D E R

This Criminal Original Petition has been filed seeking for a direction to the the learned Sessions Judge, Special Court for Scheduled Cast and the Scheduled Tribes (Prevention of Atrocities) Act, Perambalur to consider the bail petition preferred by the petitioners on the same day in respect of Crime No.135 of 2022 on the file of Kunnam Police Station, Perambalur District on the same day of their surrender.

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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 Sessions Judge, Special Court for Scheduled Cast and the Scheduled Tribes (Prevention of Atrocities) Act, Perambalur, to accept the surrender of the Petitioners in Crime No.135 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 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(CO) //True Copy// Sub Assistant Registrar shk/sai To

1. The Sessions Judge, Special Court for Scheduled Cast and Scheduled Tribes (Prevention of Atrocities) Act, Perambalur

2. The Deputy Superintendent of Police, Mangalamedu.

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

4. The Public Prosecutor, High Court of Madras.

+1cc to Mr.K.Selvarangan, Advocate, S.R.No.28939 Crl.O.P.No.9654 of 2022 PA(CO) RGA(28/04/2022) https://hcservices.ecourts.gov.in/hcservices/