Madras High CourtCRL OP/12887/2022ordered

K.Vijayasankar v. The State Rep By

2022-06-01Honourable Mr Justice C.V. Karthikeyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.06.2022

CORAM

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN CRL.O.P.NO.12887 OF 2022 K.Vijayasankar ... Petitioner Vs.

1. The Deputy Superintendent of Police, Gobichettipalayam, Erode - 638452.

2. The Inspector of Police, Kadathur Police Station, Erode District - 638454.

(In Crime No.128 of 2022)

3. V.Nagaraj ... Respondents PRAYER: This Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the Special Court for SC/ST (Prevention of Atrocities) Act, Erode, to accept the surrender of the petitioner in connection with the Crime No.128 of 2022 on the file of the 2nd respondent police and to consider the petitioner's bail application on the same day. For Petitioner : Mr.R.Rajeshkumar 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 SC/ST (Prevention of Atrocities) Act, Erode 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.128 of 2022 on the file of the 2nd respondent police. 2.The petitioner claims that since he has been charged under various offences under the SC/ST (Prevention of Atrocities) Act, https://hcservices.ecourts.gov.in/hcservices/

1989, the bail would be granted only on his surrender. Therefore, a direction is sought seeking permission 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/- Assistant Registrar/Vacation Officer //True Copy// Sub Assistant Registrar smv/kkn To

1. The Deputy Superintendent of Police, Gobichettipalayam, Erode - 638452.

2. The Inspector of Police, Kadathur Police Station, Erode District - 638454.

3. The Public Prosecutor, High Court of Madras.

+1cc to M/s.R.Rajeshkumar, Advocate, S.R.No.31969 Crl.O.P.No.12887 of 2022 JP-II(CO) RLP(01/06/2022) https://hcservices.ecourts.gov.in/hcservices/