Madras High CourtCRL OP/10906/2023allowed

V.Pandiyan v. The Inspector 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. 10906 of 2023

1. V.Pandiyan 2.L.Arumugam ... Petitioners

Versus

1. The State rep by, The Inspector of Police, Kadaladi Police Station, Thiruvannamalai District.

2. The Deputy Superintendent of Police, Polur Sub Division, Thiruvannamalai District.

Crime No.143 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 under the SC and ST (Prevention of Atrocities Act), 1987 and Amendment Act, 2015, Thiruvannamalai to consider their bail application on the same day in respect of Crime 1/5

Number 143 of 2023, pending investigation on the file of the Inspector of Police, Kadaladi Police Station, Thiruvannamalai District.

For Petitioners :

Mr. S.B.Viswanathan 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 under the SC and ST (Prevention of Atrocities Act), 1987 and Amendment Act, 2015, Thiruvannamalai to consider the bail application proposed to be filed by the petitioners on their surrender in connection with Crime No.143 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) 2/5

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, Thiruvannamalai to consider the petitioners' bail application on the same day of their surrender in connection with Crime No.143 of 2023 registered for the offence under Sections 294(b), 323 read with Sections 3(1)(r) and 3(1)(s) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1987 and Amendment Act 2015, on the file of the first 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, 3/5

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 To

1. The Special Court for Exclusive Trial of Cases under the SC and ST (Prevention of Atrocities Act), Thiruvannamalai.

2. The Inspector of Police, Kadaladi Police Station, Thiruvannamalai District.

3. The Deputy Superintendent of Police, Polur Sub Division, Thiruvannamalai District.

4.The Public Prosecutor, High Court, Madras.

4/5

SUNDER MOHAN, J drl Crl.O.P.No. 10906 of 2023 10.05.2023 5/5