Madras High CourtCRL OP/16147/2022ordered

Shanmugam v. Deputy Superintendent Of Police

2022-07-13Honourable Mr Justice N. Sathish Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.07.2022

CORAM

THE HONOURABLE MR. JUSTICE N.SATHISH KUMAR Crl.O.P.No.16147 of 2022 Shanmugam ... Petitioner/Accused No.13 Vs.

1.The Deputy Superintendent of Police, Vellore, Vellore District.

(Crime No.124 of 2022) ...1st Respondent/Complainant 2.Ajithkumar ...2nd Respondent/ Defacto Complainant PRAYER: This Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the Principal Sessions Judge (Special Judge for SC/ST Act) at Vellore, Vellore District to consider the petitioner's bail application on the same day on his surrender in Crime No.124 of 2022 pending on the file of the Deputy Superintendent of Police, Vellore, Vellore District. For Petitioner : Mr.K.G.Senthilkumar For Respondents : Mr.N.Muthuvel for R1, Government Advocate (crl.side)

O R D E R

This Criminal Original Petition has been filed seeking for a direction to the Principal Sessions Judge (Special Judge for SC/ST Act) at Vellore, Vellore District to consider the petitioner's bail application on the same day on his surrender in Crime No.124 of 2022 pending on the file of the Deputy Superintendent of Police, Vellore, Vellore District.

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 Principal Sessions Judge (Special Judge for SC/ST Act) at Vellore, Vellore District, to consider the petitioner's bail application, preferably on the same day of his surrender in connection with Crime No.124 of 2022 on the file of the first 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 petitioner 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-VI) // True Copy // Sub Assistant Registrar nr/ksa-2 To

1. The learned Principal Sessions Judge (Special Judge for SC/ST Act) at Vellore, Vellore District 2.The Deputy Superintendent of Police, Vellore, Vellore District.

3.The Public Prosecutor, High Court of Madras.

+1 cc to Mr.K.G.Senthil kumar Advoate sr46027 Crl.O.P.No.16147 of 2022 ssd(co) aa29/07/2022