Madras High CourtCRL OP/10878/2023allowed

Ramachandran v. The Deputy Superintendent Of Police

2023-05-10Honourable Mr Justice Sunder Mohan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.05.2023 CORAM :

THE HONOURABLE MR. JUSTICE SUNDER MOHAN Crl.O.P.No. 10878 of 2023

1. Ramachandran

2. Manikandan ... Petitioners

Versus

1. The Deputy Superintendent of Police, Deputy Superintendent Office, Kallakurichi District.

2. The Inspector of Police, Chinnasalem Police Station, Kallakurichi District.

Crime No.213 of 2023 ... Respondents PRAYER : Criminal Original Petition has been filed under Section 482 of the Criminal Procedure Code, to direct the Special Court for Exclusive trial of Cases registered under SC/ST (POA), Villupuram, to accept the surrender of the petitioners and to consider the bail petition on the same day in Crime No.213 of 2023 on the file of the respondent police.

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For Petitioners :

Mr. P.Rajavel 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 Special Court for Exclusive trial of Cases registered under SC/ST (POA), Villupuram to consider the petitioner's bail application on the same day on his surrender in Crime Number 213 of 2023 pending on the file of the 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, Villupuram to consider the petitioners' bail application on the same day of their surrender in connection with Crime No.213 of 2023 registered for the offence under Sections 341, 294(b), 323, 324 2/5

of IPC r/w Section 3(1)(r), 3(1)(s) and 3(2)(va) SC/ST (Prevention of Atrocities) 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.

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To 1.The Special Court for Exclusive Trial of Cases registered under SC/ST (POA), Villupuram.

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

3. The Inspector of Police, Chinnasalem Police Station, Kallakurichi District.

4.The Public Prosecutor, High Court, Madras.

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SUNDER MOHAN, J drl Crl.O.P.No. 10878 of 2023 10.05.2023 5/5