S.Janarthanan v. Deputy Superintendent Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.05.2024

CORAM:

THE HONOURABLE Mr. JUSTICE S.SOUNTHAR 1.S.Janarthanan 2.P.Prakash @ Jaya Prakash 3.G.Gajendran, ... Petitioner Vs.

1.Deputy Superintendent of Police, Neyveli, Cuddalore District.

2.State rep. by its The Inspector of Police, Vadalur Police Station, Cuddalore District.

(Cr.No.163 Of 2024)

...Respondents

Prayer: Criminal Original Petition filed 482 of the Criminal Procedure Code, 1973, to direct the Sessions Judge Special Court for trial of cases and SC/ST (POA) Act, Cuddalore to consider the bail application sympathetically and pass orders on merits on the same day on the petitioners surrender in 1/4

connection with Cr.No.163/2024 pending investigation on the file of the respondent of police.

For Petitioner : Mr.S.Vijaykumar For Respondents : Mr.S.Sugendran, Additional Public Prosecutor for [R1 and R2]

ORDER

This Criminal Original Petition has been filed seeking for a direction to direct the learned Sessions Judge Special Court for trial of cases and SC/ST (POA) Act, Cuddalore, to consider the bail petition of the above said petitioners on the same day of their surrender in Crime No.163 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 the learned Sessions Judge Special Court for trial of cases and SC/ST (POA) Act, Cuddalore, to consider the petitioners bail application, preferably on the same 2/4

day of their surrender in connection with Crime No.163 of 2024 on the file of the second respondent and pass appropriate orders in accordance with law, after affording due opportunity to the victim under Section 15-A of the SC/ST (POA) Act, 1989. 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.

3. In view of the above, the Criminal Original Petition stands disposed of.

30.05.2024 Index : Yes / No Internet : Yes / No sha To 1.The Deputy Superintendent of Police, Neyveli, Cuddalore District.

2. The Inspector of Police, Vadalur Police Station, Cuddalore District.

3. The Public Prosecutor, High Court of Madras.

3/4

S.SOUNTHAR , J.

sha 30.05.2024 4/4