Naveen @ Naveenkumar v. 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.12909 of 2022 1.Naveen @ Naveenkumar 2.Praveen @ Praveenkumar 3.Apoorvan @ Aboorvan Pandiyadurai 4.Senthamizhan @ Senthamilselvan 5.Prem @ Premkumar Seenivasan

...Petitioners

Vs.

1. The Superintendent of Police, Cuddalore District.

2. The Station House Officer (SHO), Kattumannarkoil Police Station, Cuddalore District.

(Crime No.325 of 2022) ... Respondents PRAYER: This Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the learned District & Sessions Judge, (Special Court under SC & ST Atrocities Act) at Cuddalore, Cuddalore District to accept the surrender of the petitioners herein concerned in Crime No.325 of 2022 on the file of the learned District Sessions Judge, (Special Court under SC & ST Atrocities Act) at Cuddalore, Cuddalore District and consider the bail petition on the same day itself.

For Petitioners : Mr.M.Ragul Kousik 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 learned District & Sessions Judge, (Special Court under SC & ST Atrocities Act) at Cuddalore, Cuddalore District to consider the surrender and pass favourable orders on the bail application filed by the petitioners on the same day in connection with Crime No.325 of 2022 on the file of the respondent police.

https://hcservices.ecourts.gov.in/hcservices/

2.The petitioners claim that since they have been charged under various offences under the SC/ST (Prevention of Atrocities) Act, 1989, the bail would be granted only on their 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 petitioners are 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 petitioners, 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 District & Sessions Court, (Special Court under SC & ST Atrocities Act), Cuddalore, Cuddalore District

2. The Superintendent of Police, Cuddalore District.

3. The Station House Officer (SHO), Kattumannarkoil Police Station, Cuddalore District.

4. The Public Prosecutor, High Court of Madras.

+1cc to Mr.M.Ragul Kousik, Advocate, S.R.No.31962 Crl.O.P.No.12909 of 2022 RSV(CO) SU(03/06/2022) https://hcservices.ecourts.gov.in/hcservices/