Azhar v. Inspector 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.14302 of 2022 1.Azhar 2.Aravind @ Aravindan 3.Vignesh 4.Ajith @ Ajith Kumar ... Petitioners/Accused 2 to 5 Vs.

1.State of Tamil nadu rep by The Inspector of police, Thirumanur Police station, Thirumanur, Ariyalur (Crime No.100 of 2022) 2.The Deputy Superintendent of Police Ariyalur Taluk & District.

... Respondents/Complainant PRAYER: This Criminal Original Petition filed under Section 482 of Cr.P.C., 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.100 of 2022, pending investigation on the file of the 2nd respondent.

For Petitioners : Mr.S.Senthil For Respondents : Mr.N.Muthuvel Government Advocate(Crl.side)

O R D E R

This Criminal Original Petition has been filed 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.100 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 fact that there is no provision for anticipatory bail, there shall be a direction to the learned Special Court for SC &ST Act cases cum Principal Sessions Court, Ariyalur,to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Crime No.100 of 2022 on the file of the first 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 petitioners 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 //True copy// Sub Assistant Registrar nr/rpp To

1. The Judge, Special Court for SC & ST Act Cases, Principal Sessions Court, Ariyalur.

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

3. The Inspector of police, Thirumanur Police station, Thirumanur,Ariyalur.

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

+1cc to Mr.S.Senthil, Advocate SR.No.38327 Crl.O.P.No.14302 of 2022 CA(CO) GMY(05/07/2022)