Madras High CourtCRL OP/13551/2022ordered

Saravanan v. State Rep By

2022-06-15Honourable Mr Justice N. Sathish Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.06.2022

CORAM

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR Crl.O.P.No.13551 of 2022

1. Saravanan

2. Govindhan

3. Thilagavathy ... Petitioners Vs.

The State represented by,

1. The Deputy Superintendent of Police, Cheyyar Division, Tiruvannamalai District.

2. The Inspector of Police, Dusi Police Station, Tiruvannamalai District.

(Crime No.268 of 2022)

3. Murugavel ... Respondents Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C., pleased to pass an order of direction, directing the Principal District and Sessions Judge, (Special Court for SC & ST Act Cases), Tiruvannamalai to consider the bail application of the petitioners concerned in Crime No.268 of 2022 on the file of the Inspector of Police, Dusi Police Station, Tiruvannamalai District on their surrender on the same day.

For Petitioners : Mr.S.Kasirajan For R1 & R2 : Mr.Leonard Arul Joseph Selvam Government Advocate (Crl. Side)

ORDER

This Criminal Original Petition has been filed seeking to direct the learned Principal District and Sessions Judge (Special Court for SC & ST Act Cases), Tiruvannamalai District to consider the bail application filed by the petitioners on their surrender in connection with Crime No.268 of 2022 on the file of the 2nd respondent police.

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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 the learned Principal District and Sessions Judge (Special Court for SC & ST Act Cases), Tiruvannamalai District to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Crime No.268 of 2022 on the file of the second respondent 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 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-III) //True Copy// Sub Assistant Registrar ham/rgi To

1. The Principal District and Sessions Judge, (Special Court for SC & ST Act Cases), Tiruvannamalai District.

2. The Deputy Superintendent of Police, Cheyyar Division, Tiruvannamalai.

3. The Inspector of Police, Dusi Police Station, Tiruvannamalai District.

4. The Public Prosecutor, High Court of Madras.

+1cc to Mr.Kasi Rajan, Advocate SR. No. 35479 Crl.O.P.No.13551 of 2022 BR (CO) PR (16/06/2022) https://hcservices.ecourts.gov.in/hcservices/