Saravanan v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.05.2023 CORAM :

THE HONOURABLE MR. JUSTICE SUNDER MOHAN Crl.O.P.No. 11165 of 2023 Saravanan ... Petitioner

Versus

1. The State by The Superintendent of Police, Ariyalur District.

2. State by The Inspector of Police, Jayankondam Police Station, Ariyalur District.

Crime No.159 of 2023 ... Respondents PRAYER : Criminal Original Petition has been filed under Section 482 of the Criminal Procedure Code, to direct the Sessions Judge, Ariyalur to consider the bail application on the same day on surrender of the petitioner in Crime No. 159 of 2023 on the file of the respondent police.

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For Petitioner :

Mr. Elavarasan 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 Sessions Judge, Ariyalur to consider the bail application proposed to be filed by the petitioner on his surrender in connection with Crime No.159 of 2023 on the file of the second 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 learned Sessions Judge, Ariyalur, to consider the petitioners' bail application on the same day of his surrender in connection with Crime No.159 of 2023 registered for the offence under Sections 447, 294(b), 323, 506(i) of IPC r/w Sections 3(1) (r&s), 3(2)(va) of SC/ST 2/5

(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.

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1.The Sessions Judge, Ariyalur District.

2. The Superintendent of Police, Ariyalur District.

3. The Inspector of Police, Jayankondam Police Station, Ariyalur District.

4.The Public Prosecutor, High Court, Madras.

SUNDER MOHAN, J 4/5

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