R.Velu v. The Deputy Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.05.2023 CORAM :

THE HONOURABLE MR. JUSTICE SUNDER MOHAN Crl.O.P.No. 10834 of 2023 R.Velu ... Petitioner

Versus

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

2. The Inspector of Police, Sriperumbudur Police Station, Kancheepuram.

Crime No.261 of 2023

3. Padmanaban ... Respondents PRAYER : Criminal Original Petition has been filed under Section 482 of the Criminal Procedure Code, to direct the learned Principal Sessions Judge, (Special Judge for SC/ST Act) at Chengalpet, Chengalpet District to consider the petitioner's bail application on the same day on his surrender in Crime Number 261 of 2023 pending on the file of the second respondent police. 1/5

For Petitioner :

Mr. E.C.Murali For Respondents :

Mr. S.Balaji Government Advocate (Crl. Side) for R1 & R2

O R D E R

This Criminal Original Petition has been filed seeking direction to the learned Principal Sessions Judge, (Special Judge for SC/ST Act) at Chengalpet, Chengalpet District to consider the petitioner's bail application on the same day on his surrender in Crime Number 261 of 2023 pending on the file of the second 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 facts of the case, there shall be a direction to the Special Court for S.C & S.T Act Cases, Chengalpet to consider the petitioners' bail application on the same day of his surrender in connection with Crime No.261 of 2023 registered for the offence under Sections 294(b), 324, 506(ii) of IPC and Sections 3(1)(r), 3(1)(s) and 3(2)(va) of the Scheduled Castes 2/5

and Scheduled Tribes (Prevention of Atrocities) Act, 1989 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 antecedent of the petitioner and pass orders.

3. The petitioner 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 victim 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 Sessions Judge, (Special Judge for SC/ST) Act, Chengalpet

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

3. The Inspector of Police, Sriperumbudur Police Station, Kancheepuram.

4.The Public Prosecutor, High Court, Madras.

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SUNDER MOHAN, J drl Crl.O.P.No. 10834 of 2023 10.05.2023 5/5