Madras High CourtCRL OP/13215/2022granted

M.Premkumar v. State Rep By

2022-06-09Honourable Mr Justice N. Sathish Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.06.2022

CORAM

THE HONOURABLE MR. JUSTICE N.SATHISH KUMAR Crl.O.P.No.13215 of 2022 1.M.Premkumar 2.Gayathri ... Petitioners Vs.

State Represented by 1.The Deputy Superintendent of Police, Ooty Town, the Nilgiris.

2.The Inspector of Police, Ooty Town Central Police Station, The Nilgiris.

... Respondents PRAYER: This Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the Principal District and Sessions Judge, the Nilgiris at Ootacamund to consider the bail application of the petitioners on the same day of their surrender in Crime No.116 of 2022 on the file of the second respondent. For Petitioners : Mr.K.Balasubramaniam For Respondents : Mr.Leonard Arul Joseph Selvam, Government Advocate (Crl.side)

O R D E R

This Criminal Original Petition has been filed seeking for a direction to the the Principal District and Sessions Judge, the Nilgiris at Ootacamund to consider the bail application of the petitioners on the same day of their surrender in Crime No.116 of 2022 on the file of the second respondent.

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 learned Principal District and Sessions Judge, the Nilgiris at Ootacamund, to consider the petitioners bail application, preferably on the same day of their surrender in connection with Crime No.116 of 2022 on the file of the second respondent and https://hcservices.ecourts.gov.in/hcservices/

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 one week 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-V) //True Copy// Sub Assistant Registrar shk/rgi To 1.The Principal District and Sessions Judge, the Nilgiris, Ootacamund 2.The Deputy Superintendent of Police, Ooty Town, the Nilgiris.

3.The Inspector of Police, Ooty Town Central Police Station, The Nilgiris.

4. The Public Prosecutor, High Court of Madras.

+1cc to Mr.K.Balasubramaniam, Advocate, S.R.No.33290 Crl.O.P.No.13215 of 2022 MT(CO) SB(17/06/2022) https://hcservices.ecourts.gov.in/hcservices/