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Madras High CourtCRL OP/15968/2022ordered

P.Moorthi v. State Rep By

2022-07-12Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.07.2022

CORAM

THE HONOURABLE MR. JUSTICE N.SATHISH KUMAR Crl.O.P.No.15968 of 2022 1.P.Moorthi 2.P.Palanisamy 3.Marimuthu @ Prabhakaran ... Petitioners Vs.

State: Rep. By The Inspector of Police, Kunnathur Police Station, Thiruppur District.

... Respondent PRAYER : This Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the Special Judge, (Principal District and Sessions Judge), Thiruppur District, to consider the bail application in the case in Crime No.125 of 2022 on the file of the respondent/complainant on their surrender on the same day. For Petitioners : Mr.R.Muthukumar For Respondent : Mr.N.Muthuvel, Government Advocate (crl.side)

O R D E R

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This Criminal Original Petition has been filed seeking for a direction to the learned Special Judge, (Principal District and Sessions Judge), Thiruppur District, to consider the bail application in the case in Crime No.125 of 2022 on the file of the respondent/complainant on their surrender on the same day.

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 Special Judge, (Principal District and Sessions Judge), Thiruppur District, to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Crime No.125 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.

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3. In view of the above, the Criminal Original Petition stands allowed. 12.07.2022 Internet : Yes / No Index : Yes / No Speaking / Non Speaking order shk To

1. The learned Special Judge, (Principal District and Sessions Judge), Thiruppur District, 2.The Inspector of Police, Kunnathur Police Station, Thiruppur District.

3.The Public Prosecutor, High Court of Madras.

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N.SATHISH KUMAR,J.

shk Crl.O.P.No.15968 of 2022 12.07.2022 4/4