Kalyanasundran @ Pullak v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.07.2022

CORAM

THE HONOURABLE MR. JUSTICE N.SATHISH KUMAR Crl.O.P.No.16199 of 2022 1.Kalyanasundran @ Pullak 2.Vijayakanth 3.Thirunavakarasu 4.Susinthiram 5.Mohan 6.Ravi @ Ravichandran 7.Manikandan 8.Abinesh 9.Saravanan @ Saravana Sundar 10.Sivanandam 11.Santhosh

...Petitioners

Vs.

State rep by the Inspector of Police, Kuttalam Police Station, Kuttalam, Nagapattinam District.

(Crime No.160 of 2022)

...Respondent

PRAYER: This Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the learned Sessions Judge, Special Court for Trial of cases under SC/ST (POA) Act, Nagapattinam to consider the bail application on the same day on their surrender and file a bail application in Crime No.160 of 2022 on the file of the Inspector of Police, Kuttalam Police Station, Kuttalam, Nagapattinam District.

For Petitioners : Mr.G.Vinodhkumar For Respondent : Mr.N.Muthuvel, Government Advocate (crl.side)

O R D E R

This Criminal Original Petition has been filed seeking for a direction to the learned Sessions Judge, Special Court for Trial of cases under SC/ST (POA) Act, Nagapattinam to consider the bail application on the same day on their surrender and file a bail application in Crime No.160 of 2022 on the file of the respondent.

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 fact that there is no provision for anticipatory bail, there shall be a direction to learned Sessions Judge, Special Court for Trial of cases under SC/ST (POA) Act, Nagapattinam, to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Crime No.160 of 2022 on the file of the respondent police and pass appropriate orders in accordance with law, after affording due opportunity to the victims under Section 15-A of the SC/ST (POA) Act, 1989. The petitioners shall surrender before the concerned Jurisdictional Court, within a period of one week from the date of the receipt of a copy of this Order.

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

s/d- Assistant Registrar(CO) True Copy Sub-Assistant Registrar nr/ksa-2 To

1. The learned Sessions Judge, Special Court for Trial of cases under SC/ST (POA) Act, Nagapattinam

2. The Inspector of Police, Kuttalam Police Station, Kuttalam, Nagapattinam District.

3. The Public Prosecutor, High Court of Madras.

+1cc to M/s.G.Vinodh Kumar, Advocate,Sr.no.45849 Crl.O.P.No.16199 of 2022 PL(CO) KKV/29/07/2022