Dhandapani v. The State By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.07.2022

CORAM

THE HONOURABLE MR. JUSTICE N.SATHISH KUMAR Crl.O.P.No.15818 of 2022 1.Dhandapani 2.Vijayavarman ... Petitioners Vs.

State by the Sub Inspector of Police, Ulundurpet Police Station, Villupuram District.

Crime No.670 of 2018.

... Respondent PRAYER : This Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the Sessions Judge, [Special Judge for SC & ST (Prevention of Atrocities ) Act], Villupuram to consider the bail application of the petitioners on merits in connection with the case in Special S.C.No.59 of 2018 on the file of the Sessions Judge, [Special Judge for SC & ST (Prevention of Atrocities) Act], Villupuram on the same date of their surrender.

For Petitioners : Mr.C.Munusamy 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 Sessions Judge, [Special Judge for SC & ST (Prevention of Atrocities) Act], Villupuram to consider the bail application of the petitioners on merits in connection with the case in Special S.C.No.59 of 2018 on the file of the Sessions Judge, [Special Judge for SC & ST (Prevention of Atrocities) Act], Villupuram on the same date of their surrender.

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 the Sessions Judge, [Special Judge for SC & ST (Prevention of Atrocities) Act], Villupuram to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Special S.C.No.59 of 2018 on the file of the Sessions Judge, [Special Judge for SC & ST (Prevention of Atrocities) Act], Villupuram 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 2/4

receipt of a copy of this Order.

3. In view of the above, the Criminal Original Petition stands allowed. 08.07.2022 Internet : Yes / No Index : Yes / No Speaking / Non Speaking order shk/nr To

1. The learned the Sessions Judge, [Special Judge for SC & ST (Prevention of Atrocities ) Act], Villupuram 2.The Sub Inspector of Police, Ulundurpet Police Station, Villupuram District.

3.The Public Prosecutor, High Court of Madras.

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N.SATHISH KUMAR,J.

shk Crl.O.P.No.15818 of 2022 08.07.2022 4/4