Rathina Kumar v. The State Rep By Deputy Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.07.2022

CORAM

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR CRL.O.P.NO.15258 OF 2022 1.Rathina Kumar 2.Mayal 3.Radhika 4.Manikandan 5.Vijaya 6.Sankar 7.Chinnathangal @ Amsaveni 8.Aaratthal 9.Arunkumar

...Petitioners

Vs.

1.The State, Rep by Deputy Superintendent of Police, Udumalpet Sub Division, Tiruppur District.

2.The State Rep. by Inspector of Police, Dhally Police Station, Tiruppur.

(Crime No.107 of 2022)

...Respondents

PRAYER : This Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the Special Court/Principal District Judge, Tiruppur to consider the petitioners' Bail Petition on the same day of their surrender before the Court in connection with the case in Crime No. 107 of 2022 on the file of the second respondent/ Inspector of Police, Dhally Police Station, Tiruppur District Police.

For Petitioners :

Mr.M.Sivavarthanan For Respondents :

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 Special Court/Principal District Judge,

Tiruppur to consider the petitioners' Bail Petition on the same day of their surrender before the Court in connection with the case in Crime No. 107 of 2022 on the file of the second respondent/ Inspector of Police, Dhally Police Station, Tiruppur District 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 fact that there is no provision for anticipatory bail, there shall be a direction to Special Court/Principal District Judge, Tiruppur to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Crime No.107 of 2022 on the file of the second 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.

Sd/- Assistant Registrar(CS-IV) // True Copy // Sub Assistant Registrar nti/shk To 1.The Principal District Judge, The Special Court, Tiruppur.

2.The Deputy Superintendent of Police, Udumalpet Sub Division, Tiruppur District.

3.The Inspector of Police, Dhally Police Station, Tiruppur.

4.The Public Prosecutor, High Court of Madras.

+1cc to Mr.M.Sivavarthanan, Advocate Sr.No.41798 (19/07/2022) Crl.O.P.No.15258 of 2022 EV(CO) RVM(15/07/2022)