Sutha v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.04.2022

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.9835 of 2022 1.Sutha 2.Nagammal 3.Senthilkumar ... Petitioners Vs.

State Rep. by The Inspector of Police, Arumbavoor Police Station, Perambalur, Crime Number 90/2022 ... Respondent PRAYER: This Criminal Original Petition filed under Section 482 of Cr.P.C., to direct Special Court for trial for protection for SC & ST Perambalur District Tamil Nadu to accept the surrender of the petitioners and consider the petitioners on the bail on the same day for the alleged offence in the Crime Number.90/2022 which is on the file of the respondent police. For Petitioners : Mr.M.Velmurugan For Respondents : 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 Special Court for trial for protection of SC & ST, Perambalur District, Tamil Nadu to accept the surrender of the petitioners and consider the petitioners bail application on the same day for the alleged offence in the Crime Number.90/2022 which is on the file of the 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 the learned Sessions Judge, Special Court for Scheduled Caste and the Scheduled Tribes (Prevention of Atrocities) Act, Perambalur, to https://hcservices.ecourts.gov.in/hcservices/

accept the surrender of the Petitioners in Crime No.90 of 2022 pending on the file of the respondent and consider the bail petitions on the same day of their surrender 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-VIII) //True copy// Sub Assistant Registrar shk/sai To

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

2. The Inspector of Police, Arumbavoor Police Station, Perambalur,

3. The Public Prosecutor, High Court of Madras.

+1cc to Mr.M.Velmurugan, Advocate SR.No.29305 Crl.O.P.No.9835 of 2022 PA(CO) GMY(29/04/2022) https://hcservices.ecourts.gov.in/hcservices/