Gobi @ Gobinath v. Deputy Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.06.2022

CORAM

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR CRL.O.P.NO.13949 OF 2022 Gobi @ Gobinath

...Petitioner / Accused

Vs.

1.Deputy Superintendent of Police Vridhachalam, Cuddalore District.

2.State rep by Inspector of Police, Mangalampet Police station, Cuddalore District.

(Crime No.542 of 2021)

...Respondents / Complainant

PRAYER : This Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the Special Court for SC/ST case, Vellore to consider the bail application on the same day on surrender of the petitioner with respect of Crime No.542 of 2021 pending on the file of the 2nd respondent police.

For Petitioner :

Mr.T.Meganathan For Respondents :

Mr.Leonard Arul Joseph Selvam Government Advocate(Crl.side)

O R D E R

This Criminal Original Petition has been filed seeking for a direction to the the Special Court for SC/ST case, Vellore to consider the bail application on the same day on surrender of the petitioner with respect of Crime No.542 of 2021 pending on the file of the 2nd respondent police.

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 the learned Special Court for SC/ST case, Vellore to consider the petitioner's bail application, preferably on the same day of his surrender in connection with Crime No.542 of https://hcservices.ecourts.gov.in/hcservices/

2021 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-IX) // True Copy // Sub Assistant Registrar nr/ksa-2 To 1.The Special Court for SC/ST case, Vellore.

2.The Deputy Superintendent of Police Vridhachalam, Cuddalore District.

3.The Inspector of Police, Mangalampet Police station, Cuddalore District.

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

+1cc to M/s.T.Meganathan, Advocate Sr.No.37109 Crl.O.P.No.13949 of 2022 PMK(CO) RVM(30/06/2022) https://hcservices.ecourts.gov.in/hcservices/