Madras High CourtCRL OP/12964/2024disposed of

Nikash (A1) v. State Rep By

2024-05-30Honourable Mr Justice S. Sounthar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.05.2024

CORAM:

THE HONOURABLE Mr. JUSTICE S.SOUNTHAR 1.Nikash (A1) 2.Sivaguru (A2) ... Petitioner Vs.

State Rep by:

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

2. The Inspector of Police, Neyveli Thermal Police Station, Cuddalore District.

(Cr.No.232/2024)

...Respondents

Prayer: Criminal Original Petition filed 482 of the Criminal Procedure Code, 1973, to direct the Special Court (SC/ST) Act, Cuddalore to consider the bail application of the petitioners on the same day on the petitioners surrender in 1/4

connection with Cr.No.232 of 2024 pending investigation on the file of the respondent.

For Petitioner : Mr.K.Gandhi Kumar For Respondents : Mr.S.Sugendran, Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed seeking for a direction to direct the Special Court (SC/ST) Act, Cuddalore, to consider the bail petition of the above said petitioners on the same day of their surrender in Crime No. 232 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 Special Court (SC/ST) Act, Cuddalore, to consider the petitioners bail application, preferably on the same day of their surrender in connection with Crime No. 232 of 2024 on the file of the second respondent and pass appropriate orders 2/4

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, Cuddalore District, Cuddalore.

2. The Inspector of Police, Neyveli Thermal Police Station, Cuddalore District.

3. The Public Prosecutor, High Court of Madras.

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S.SOUNTHAR , J.

sha 30.05.2024 4/4