Suman @ Manikandan v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.07.2020

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CRL.O.P.No. 11293 of 2020

1. Suman @ Manikandan S/o. Ramu, 2/41, Mettu Street, Pakkam, Villupuram,

2. Pandiyan S/o. Dharuman, 499 Watertank Street, Pakkam, Villupuram,

3. Rajavel, S/o. Ramu Duraisamy, 2/366 Water Tank Street, Pakkam, Villupuram,

4. Kugan Subramani 491 A, Mettu Street, Pakkam, Villupuram,

5. Poomani Subramani 491 A, Mettu Street, Pakkam, Villupuram,

6. Manikandan S/o. Saravanan 485, Mettu Street, Pakkam, Villupuram,

7. Satheesh S/o. Kumar, Pakkam, Villupuram,

...Petitioners

Vs State represented by The Inspector of Police, Kandamangalam Police Station,

1. Villupuram District.

(Crime No. 1016 of 2020)

...Respondent

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the Special Court for SC/ST Cases at Villupuram to consider the bail application of the petitioners on the date of surrender before the court in connection with Crime No.1016 of 2020 on the file of the respondent Police. For Petitioners : Mr.N.Chinnaraj For Respondent : Mr.S.karthikeyan, Additional Public Prosecutor.

O R D E R

This petition is filed for a direction to the Special Court for SC/ST Cases at Villupuram, to consider the petitioners' bail petition on the same day of their surrender in connection with Crime No.1016 of 2020, since the offences are pertaining to the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

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 Special Courtfor SC/ST Cases at Villupuram to consider the petitioners 2 and 4 to 7' bail application, preferably on the same day of their surrender in connection with Crime No. 1016 of 2020 and pass appropriate orders in accordance with law after affording due opportunity to the victim under Section 15(a) of the SC/ST Act. The petitioners 2 and 4 to 7 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. The learned Additional Public Prosecutor on instructions submitted that the petitioners 1 and 3 were arrested and remanded to judicial custody.

4. In view of the above, this Criminal Original Petition is dismissed insofar as the petitioners 1 and 3 are concerned and this Criminal Original Petition stands allowed insofar as petitioners 2 and 4 to 7 are concerned.

Sd/- Assistant Registrar(J) //True Copy// Sub Assistant Registrar dh To

1. The Special Court for SC/ST Cases, Villupuram.

2. The Inspector of Police, Kandamangalam Police Station,

3. The Public Prosecutor, High Court, Madras.

+1cc to Mr.N.Chinnaraj, Advocate, S.R.No.25680 CRL.O.P.No. 11293 of 2020 AD(CO) KKV/17/08/2020