Marimuthu v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.05.2024

CORAM:

THE HONOURABLE Mr. JUSTICE S.SOUNTHAR 1.Marimuthu 2.Muthusami 3.Shankar 4.Venkatachalam ... Petitioner Vs.

1.The Deputy Superintendent of Police, Dharmapuri District 2.The State rep. by The Inspector of Police, Dharmapuri Police Station, Dharmapuri District.

[ Crime No.284/2024]

...Respondents

Prayer: Criminal Original Petition filed 482 of the Criminal Procedure Code, 1973, to direct the learned District and Sessions Judge, Special Court for exclusive trial of cases under SC/ST (POA) Act, Dharmapuri to consider the bail application of the petitioners in connection with the First Information Report in Crime no.284/2024 on the file of the second respondent police on 1/4

the very same date of their surrender and to dispose of the same on merits and in accordance with law.

For Petitioner : Mr.Krishnasamy Chinnasamy For Respondents : Mr.S.Sugendran, Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed seeking for a direction to direct the learned District and Sessions Judge, Special Court for exclusive trial of cases under SC/ST (POA) Act, Dharmapuri, to consider the bail petition of the above said petitioners on the same day of their surrender in Crime No. 284 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 District and Sessions Judge, Special Court for exclusive trial of cases under SC/ST (POA) Act, Dharmapuri, to consider the petitioners bail application, 2/4

preferably on the same day of their surrender in connection with Crime No. 284 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, Dharmapuri District 2.The State rep. by The Inspector of Police, Dharmapuri Police Station, Dharmapuri District.

3. The Public Prosecutor, High Court of Madras.

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S.SOUNTHAR , J.

sha 30.05.2024 4/4