Panjalai v. The Deputy Superintendent Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.06.2022

CORAM

THE HONOURABLE MR. JUSTICE N.SATHISH KUMAR Crl.O.P.No.14281 of 2022 Panjalai ... Petitioner Vs.

1.The Deputy Superintendent of Police Polur Sub Division, Tiruvannamalai District.

2.State rep by Inspector of Police, Kalasapakkam Police station, Tiruvannamalai District.

(Crime No.231 of 2022) ... Respondents PRAYER: This Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the Principal District and Sessions Judge ( Special Court for SC/ST Act), Tiruvannamalai District to consider the bail application of the petitioner on the date of surrender before the Court in connection with Crime No.231 of 2022 pending investigation on the file of the 2nd respondent police.

For Petitioner : Mr.A.Sathish Kumar For Respondents : Mr.N.Muthuvel for R1 and R2 Government Advocate(Crl.side)

O R D E R

This Criminal Original Petition has been filed seeking for a direction to the the Principal District and Sessions Judge ( Special Court for SC/ST Act), Tiruvannamalai District, to consider the bail application of the petitioner on the date of surrender before the Court in connection with Crime No.231 of 2022 pending investigation 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 Principal District and Sessions Judge ( Special Court for SC/ST Act), Tiruvannamalai District, to consider the petitioner's bail application, preferably on the same day of her surrender in connection with Crime No.231 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-VIII) //True copy// Sub Assistant Registrar nr/rpp To

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

2. The Deputy Superintendent of Police Polur Sub Division, Tiruvannamalai District.

3. The Inspector of Police, Kalasapakkam Police station, Tiruvannamalai District.

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

+1cc to Mr.A.Sathish Kumar, Advocate SR.No.38344 Crl.O.P.No.14281 of 2022 SKM(CO) GMY(12/07/2022)