G.Selvam v. State Rep By The Deputy Superintent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.06.2022

CORAM

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR CRL.O.P.NO.13220 OF 2022 G.Selvam ... Petitioner .Vs.

The State Rep. By,

1. The Deputy Superintendent of Police, Sethiyathope, Cuddalore District.

2. The Inspector of Police, Kattumannarkoil Police Station, Cuddalore District.

... Respondents PRAYER:- This Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the Sessions Judge, Special Court for SC/ST Act Cases, Cuddalore to consider the bail application sympathetically and pass orders on merits on the same day on the petitioner's surrender in connection with Cr.No.342 of 2022 pending investigation on the file of the respondent police. For Petitioner :

Mr.K.Murugan For Respondents : Mr.Leonard Arul Joseph Selvam, Government Advocate (Criminal Side)

O R D E R

This Criminal Original Petition has been filed seeking for a direction to the learned Sessions Judge, Special Court for SC/ST Act Cases, Cuddalore to consider the bail application sympathetically and pass orders on merits on the same day on the petitioner's surrender in connection with Crime No.342 of 2022 pending investigation on the file of the respondent police. https://hcservices.ecourts.gov.in/hcservices/

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 Sessions Judge, Special Court for SC/ST Act Cases, Cuddalore, to consider the petitioner's bail application, preferably on the same day of his surrender in connection with Crime No.342 of 2022 on the file of the respondent police and pass appropriate orders in accordance with law, after affording due opportunity to the victim under Section 15-A of the SC/ST (POA) Act, 1989. The petitioner 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 VII) //True Copy// Sub Assistant Registrar shk/rgi To 1.

The Sessions Judge, The Special Court for SC/ST Act Cases, Cuddalore 2.

The Deputy Superintendent of Police, Sethiyathope, Cuddalore District.

3.

The Inspector of Police, Kattumannarkoil Police Station, Cuddalore District.

4.

The Public Prosecutor, High Court of Madras.

+1cc to Mr.K.Murugan, Advocate, S.R.No.33294 CRL.O.P.NO.13220 OF 2022 PMK(CO) PBS/15/06/2022 https://hcservices.ecourts.gov.in/hcservices/