Wielding Arumugam@Arumugam v. The State Rep By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.05.2023 CORAM :

THE HONOURABLE MR. JUSTICE SUNDER MOHAN Crl.O.P.No. 10767 of 2023

1. Wielding Arumugam @ Arumugam

2. Arun

3. Rajkumar ... Petitioners

Versus

1. The State rep by its, The Deputy Superintendent of Police, District Superintendent Office, Dharmapuri District.

2. The Inspector of Police, Kottapadi Police Station, Dharmapuri.

Crime No.115 of 2023 ... Respondents PRAYER : Criminal Original Petition has been filed under Section 482 of the Criminal Procedure Code, to direct the learned Principal District and Session Judge, Dharmapuri to consider the petitioner's bail application on the same day of their surrender in connection with Crime No.115 of 2023.

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For Petitioners :

Mr. D.Padmanabhan For Respondents :

Mr. S.Balaji Government Advocate (Crl. Side)

O R D E R

This Criminal Original Petition has been filed seeking direction to the learned Principal District and Session Judge, Dharmapuri to consider the bail application proposed to be filed by the petitioners on their surrender in connection with Crime No.115 of 2023 on the file of the respondent police on the same day.

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 facts of the case, there shall be a direction to the Special Court for S.C & S.T Act Cases, Dharmapuri to consider the petitioners' bail application on the same day of their surrender in connection with Crime No.115 of 2023 registered for the offence under Sections 147, 294(b), 323 of 2/5

IPC and 3(1)(r), 3(1)(s), 3(2)(va) SC/ST (Prevention of Atrocities) Act Amendment Act 2015, on the file of the second respondent and pass appropriate orders in accordance with law. It is needless to say that the Court below while disposing the bail petition shall look into the gravity of the offence, previous antecedents of the petitioners and pass orders.

3. The petitioners shall surrender before the concerned Jurisdictional Court, within a period of fifteen days from the date of the receipt of a copy of this Order, after affording due opportunity to the victims under Section 15-A of the SC/ST (POA) Act, 1989,

4. In view of the above, the Criminal Original Petition stands allowed. No costs.

10.05.2023 drl Index: Yes/No Speaking Order / Non-Speaking Order 3/5

To 1.The Principal District and Sessions Judge, Dharmapuri.

2. The Deputy Superintendent of Police District Superintendent Office, Dharmapuri District.

3. The Inspector of Police, Kottapadi Police Station, Dharmapuri.

4.The Public Prosecutor, High Court, Madras.

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SUNDER MOHAN, J drl Crl.O.P.No. 10767 of 2023 10.05.2023 5/5