Madras High CourtCRL OP/12759/2024disposed of

S.Gunasekaran v. State Rep.By

2024-05-29Honourable Mr Justice S. Sounthar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.05.2024 CORAM :

THE HONOURABLE MR. JUSTICE S. SOUNTHAR S.Gunasekaran ... Petitioner

Versus

1. The State Rep. by The Deputy Superintendent of Police, Tiruvannamalai, Tiruvannamalai District.

2. The Inspector of Police, Pernamallur Police Station, Tiruvannamalai, Tiruvannamalai District.

... Respondents PRAYER : The Petition is filed under Section 482 of Cr.P.C., to issue direction to the District and Sessions Court Tiruvannamalai (Special Judge for SC and ST Act) to consider the bail application of the petitioner on the same day of surrender in connection with Cr.No.8 of 2024 on the file of the 2nd respondent Police. 1/5

For Petitioner :

Mr. G.Kartheeban For Respondents :

Mr. S.Sugendran Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed seeking for a direction to direct the Special Judge, Special Court for SC/ST Act Cases at Tiruvannamalai, to Consider the bail petition of the petitioner on the same day of his surrender in Cr.8 of 2024 on the file of the above 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 possibility of misusing the pious intention of the Parliament against innocent persons, there shall be a direction to learned Special Judge, Special Court for SC/ST Act Cases at Tiruvannamalai, to consider the petitioner's bail application, preferably on the same day of his surrender in connection with Crime No.8 of 2024 on the file of the second respondent and pass appropriate orders in accordance with 2/5

law, after affording due opportunity to the victim under Section 15A of the SC/ST (POA) Act, 1989. The petitioner shall surrender before the concerned Jurisdictional Court, within a period of two weeks from the date of the receipt of a copy of this Order.

3. In view of the above, the Criminal Original Petition stands disposed of. No costs.

29.05.2024 kan Index: Yes/No Speaking Order / Non-Speaking Order 3/5

To 1.The State Rep. by The Deputy Superintendent of Police, Tiruvannamalai, Tiruvannamalai District.

2.The Inspector of Police, Pernamallur Police Station, Tiruvannamalai, Tiruvannamalai District.

S. SOUNTHAR, J kan 4/5

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