Naveen @ Naveenkumar v. State Represented By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.04.2023 CORAM :

THE HONOURABLE MR. JUSTICE SUNDER MOHAN Crl.O.P.No. 8154 of 2023 Naveen @ Naveenkumar (A3) ... Petitioner

Versus

1.State represented by The Deputy Superintendent of Police, Chengam Sub-Division, Chengam, Tiruvannamalai.

2.State represented by The Sub-Inspector of Police, Chengam Police Station, Tiruvannamalai District.

(Ref. Crime No.141/2023) ... Respondents PRAYER : Criminal Original Petition has been filed under Section 482 of the Criminal Procedure Code, to direct the Special Court for Exclusive Trial of cases Register under SC/ ST (POA) Act, Thiruvannamalai to consider his surrender and pass appropriate orders on the bail application filed by the petitioner on the same day in connection with Crime No.141 of 2023 on the file of the first 1/5

respondent herein.

For Petitioner :

Mr.N.Kumar Rajan For Respondents :

Mr.Leonard Arul Joseph Selvam Government Advocate (Crl. Side)

O R D E R

This Criminal Original Petition has been filed seeking direction to the learned Special Court for Exclusive Trial of cases Registered under SC/ ST (POA) Act, Thiruvannamalai to consider his surrender and pass appropriate orders on the bail application filed by the petitioner on the same day in connection with Crime No.141 of 2023 on the file of the first respondent herein.

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 facts of the case, there shall be a direction to the learned Special Judge for Exclusive Trial of cases Registered under SC/ ST (POA) Act, Thiruvannamalai to consider the petitioner's bail application on the same day of his surrender in connection with Crime No.141 of 2023 registered for 2/5

the offence under Sections 294(b), 342, 323, 324, 506(ii) IPC r/w Sections 3 (1) (2), 3(2)(va) of Scheduled Castes and Schedules Tribes (Prevention of Atrocities) Amendment Act, 2015, on the file of the 2nd respondent and pass appropriate orders in accordance with law. It is needless to say that the Court below while disposing the bail petition shall look into the gravity of the offence, previous antecedents of the petitioner and pass orders.

3. The petitioner shall surrender before the concerned Jurisdictional Court, within a period of fifteen days from the date of receipt of a copy of this Order, after affording due opportunity to the victims under Section 15-A of the SC/ST (POA) Act, 1989.

4. In view of the above, the Criminal Original Petition stands allowed. No costs.

13.04.2023 kkn/dsa Index: Yes/No Speaking Order / Non-Speaking Order 3/5

To

1. The Deputy Superintendent of Police, Chengam Sub-Division, Chengam, Tiruvannamalai.

2. The Sub-Inspector of Police, Chengam Police Station, Tiruvannamalai District.

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SUNDER MOHAN, J kkn Crl.O.P.No. 8154 of 2023 13.04.2023 5/5