Madras High CourtCRL OP/13810/2022ordered

Kannupaiyyan @ Duraisamy.P v. Deputy Superintendent Of Police

2022-06-17Honourable Mr Justice N. Sathish Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.06.2022

CORAM

THE HONOURABLE MR. JUSTICE N.SATHISH KUMAR Crl.O.P.No.13810 of 2022 Kannupaiyyan @ Duraisamy.P ... Petitioner / Accused Vs.

1. The Deputy Superintendent of Police, Namakkal District, Namakkal.

2. The State, Represented by the Inspector of Police, Thiruchengode Rural Police Station, Namakkal District.

... Respondents / Complainant PRAYER: This Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the Special Court for trial of cases under SC & ST (Prevention of Atrocities) Act, 1989, Namakkal to consider the bail application of the petitioner on the same day of surrender in Crime No.202 of 2022.

For Petitioner : Mr.V.P.P.Sengottuvel For Respondents : Mr.Leonard Arul Joseph Selvam, R1 & R2 Government Advocate (crl.side)

O R D E R

This Criminal Original Petition has been filed seeking for a direction to the Special Court for trial of cases under SC & ST (Prevention of Atrocities) Act, 1989, Namakkal to consider the bail application of the petitioner on the same day of surrender in Crime No.202 of 2022.

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 provisions for Anticipatory Bail, there shall be a direction to learned Special Court for trial of cases under SC & https://hcservices.ecourts.gov.in/hcservices/

ST (Prevention of Atrocities) Act, 1989, Namakkal to consider the petitioner's bail application, preferably on the same day of his surrender in connection with Crime No.202 of 2022 on the file of the second 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 II) //True Copy// Sub Assistant Registrar nr/ksa-2 To

1. The learned Special Court for trial of cases under SC & ST (Prevention of Atrocities) Act, 1989, Namakkal.

2. The Deputy Superintendent of Police, Namakkal District,Namakkal.

3. The Inspector of Police, Thiruchengode Rural Police Station, Namakkal District.

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

+1cc to Mr.V.P.P.Sengottuvel, Advocate, S.R.No.36851 Crl.O.P.No.13810 of 2022 SKM[co] NSK/29/06/2022 https://hcservices.ecourts.gov.in/hcservices/