Vaithishwaran v. The Deputy Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.06.2022

CORAM

THE HONOURABLE MR. JUSTICE C.V.KARTHIKEYAN Crl.O.P.No.12891 of 2022 Vaithishwaran

...Petitioner

Vs.

1.The Deputy Superintendent of Police, Gingee Range, Villupuram District.

2.The Sub Inspector of Police, Anandhapuram Police Station, Villupuram District.

(Crime No.517 of 2021)

...Respondents

PRAYER: This Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the Special Court for Communal Violence Villupuram to allow the petitioner to file bail petition in Crime No.517 of 2021 dated 29.12.2021 on the file of the respondent police and consider the same day.

For Petitioner : Mr.K.Mageshwaran For Respondents : Mr.R.Vinothraja 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 Communal Violence, Villupuram to consider the surrender and pass favourable orders on the bail application filed by the petitioner on the same day in connection with Crime No.517 of 2021 on the file of the respondent police.

2.The petitioner claims that since he has been charged under various offences under the SC/ST (Prevention of Atrocities) Act, 1989, the bail would be granted only on his surrender. Therefore, a direction is sought seeking permission https://hcservices.ecourts.gov.in/hcservices/

to surrender before the trial Court and in the event of surrender, bail application may be considered on the same day by the Trial court.

3.The petitioner is directed to surrender before the concerned Court after giving notice to the prosecution and the surrender must be at the time when the Court sits and the bail application, if any filed by the petitioner, should be considered on the same day on merits by the Trial Court.

4. In view of the above, the Criminal Original Petition stands allowed.

Sd/- Vacation Officer //True Copy// Sub Assistant Registrar smv/kkn To 1.The Presiding Officer, Special Court for Communal Violence, Villupuram.

2.The Deputy Superintendent of Police, Gingee Range, Villupuram District.

3.The Sub Inspector of Police, Anandhapuram Police Station, Villupuram District.

4.The Public Prosecutor, High Court of Madras.

+1cc to Mr.K.Mageshwaran, Advocate SR. No. 31956 Crl.O.P.No.12891 of 2022 RSV (CO) PR (03/06/2022) https://hcservices.ecourts.gov.in/hcservices/