Karunanithi v. Deputy Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.07.2022

CORAM

THE HONOURABLE MR. JUSTICE N.SATHISH KUMAR Crl.O.P.No.15324 of 2022 1.Karunanithi 2.Ayyappan

...Petitioners/Accused No.6&7

Vs.

1. The Deputy Superintendent of Police, Jayankondam, Ariyalur District.

2. The State Rep. By The Inspector of police, Udayarpalayam Police Station, Ariyalur District.

Crime No.412 of 2021

...Respondents/Complainant

PRAYER: This Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the learned Principal District and Sessions Court, Ariyalur to consider the bail application of the petitioners on the same day of surrender pertaining to the Crime No.412 of 2021 on the file of the Udayarpalayam Police Station, Ariyalur District.

For Petitioners : M/S.D.Lakshmipathy For Respondents : Mr.N.Muthuvel, Government Advocate (crl.side)

O R D E R

This Criminal Original Petition has been filed seeking for a direction to the Principal District and Sessions Court, Ariyalur to consider the bail application of the petitioners on the same day of surrender pertaining to the Crime No.412 of 2021 on the file of the Udayarpalayam Police Station, Ariyalur District.

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 fact that there is no provision for anticipatory bail, there shall be a

direction to Principal District and Sessions Court, Ariyalur to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Crime No.412 of 2021 on the file of the second respondent police and 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(CO) //True Copy// Sub Assistant Registrar shk/nr To

1. The Principal District and Sessions Court, Ariyalur

2. The Deputy Superintendent of Police, Jayankondam, Ariyalur District.

3. The Inspector of police, Udayarpalayam Police Station, Ariyalur District.

4. The Public Prosecutor, High Court of Madras.

+1cc to Mr.D.Lakshmanapathy, Advocate, S.R.No.42396 Crl.O.P.No.15324 of 2022 SSD(CO) RGA(20/07/2022)