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Madras High CourtCRL OP/13597/2022ordered

Prakash 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.13597 of 2022

1. Prakash

2. Prasath

3. Jeeva

4. Bala @ Balaji ... Petitioners Vs.

1. The State of Tamil Nadu Represented by, The Inspector of Police, Thirumanur Police Station, Thirumanur, Ariyalur.

(Crime No.96 of 2022)

2. The Deputy Superintendent of Police, Ariyalur Taluk & District.

... Respondents Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C., pleased to permit the petitioners to surrender before the Special Court for SC & ST Act cases cum Principal Sessions Court, Ariyalur, by filing Bail application and to direct the Special Court for SC & ST Act cases cum Principal Sessions Court, Ariyalur to consider such Bail application on the same day, in connection with Crime No.96 of 2022, pending investigation on the file of the 2nd respondent. For Petitioners: Mr.S.Senthil For R1 & R2 : Mr.Leonard Arul Joseph Selvam Government Advocate (Crl. Side)

ORDER

This Criminal Original Petition has been filed seeking to permit the petitioners to surrender before the Special Court for SC & ST Act cases cum Principal Sessions Court, Ariyalur, by filing Bail application and to direct the Special Court for SC & ST Act cases cum Principal Sessions Court, Ariyalur to consider https://hcservices.ecourts.gov.in/hcservices/

such Bail application on the same day, in connection with Crime No.96 of 2022, pending investigation on the file of the 2nd 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 the learned the Special Judge for SC & ST Act cases cum Principal Sessions Judge, Ariyalur to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Crime No.96 of 2022 on the file of the 1st 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 rgi/ham To

1. The Special Judge for SC & ST Act cases cum Principal Sessions Judge, Ariyalur.

2. The Deputy Superintendent of Police, Ariyalur Taluk & District.

3. The Inspector of Police, Thirumanur Police Station, Thirumanur, Ariyalur.

4. The Public Prosecutor, Madras High Court, Chennai.

+1cc to Mr.S.Senthil, Advocate, S.R.No.36217 Crl.O.P.No.13597 of 2022 SMI(CO) UMA(16/06/2022) https://hcservices.ecourts.gov.in/hcservices/