Madras High CourtCRL OP/26594/2016ordered

Dhayalan Aged 33 Yrs v. The Inspector Of Police

2016-12-12Honourable Mr Justice M. Venugopal2 pages

THE HIGH COURT OF JUDICATURE AT MADRAS Dated :12.12.2016 Coram THE HONOURABLE Mr. JUSTICE M.VENUGOPAL Crl.O.P.No.26594 of 2016 Dhayalan ... Petitioner Vs.

State Rep. By The Inspector of Police, Marakkanam Police Station, Villupuram District.

... Respondent Prayer : Petition filed under Section 482 Cr.P.C. praying to direct the Special Court for Exclusive Trial of Cases Registered under SC/ST (POA) Act, Villupuram, Villupuram District to consider the bail application of Petitioner surrendering on the same day in Spl.SC.No.100 of 2016 on the file of the Special Court for Exclusive Trial of Cases Registered under SC/ST (POA) Act, Villupuram, Villupuram District.

For Petitioner : Mr.N.S.Kishore Kumar For Respondent : Mr.C.Emalias Additional Public Prosecutor

ORDER

Heard the Learned Counsel for the Petitioner. 2.Mr.C.Emalias, Learned Additional Public Prosecutor takes notice for the Respondent.

2.According to the Petitioner, a case was registered under Sections 147, 148, 341, 323, 506(ii), 379 I.P.C. r/w. Section 3 (1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 1989 and 3 of the PPD Act. 3.It is averred in the Petition that there was no allegation against the Petitioner and his name was not found in the F.I.R. and the investigation has been completed and charge sheet has also been filed.

4.Considering the limited relief sought for by the Petitioner in the present Petition viz., passing of an Order in directing the Special Court for Exclusive Trial of Cases https://hcservices.ecourts.gov.in/hcservices/

Registered under SC/ST (POA) Act, Villupuram, Villupuram District to consider his bail application surrendering on the same day in Spl.SC.No.100 of 2016, this Court, to prevent an aberration of Justice and to promote substantial cause of Justice, directs the Special Court for Exclusive Trial of Cases Registered under SC/ST (POA) Act, Villupuram, Villupuram District to consider the bail application of the Petitioner in Spl.SC.No.100 of 2016 preferably on the same day (of course, after issuing notice to the Respondent/ Prosecuting Agency) and to pass necessary orders on merits and in the manner known to Law and in accordance with Law.

5.With the above direction, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar Sgl To 1.The Judge, the Special Court for Exclusive Trial of Cases Registered under SC/ST (POA) Act, Villupuram, Villupuram District.

2.The Inspector of Police, Marakkanam Police Station, Villupuram District.

3.The Public Prosecutor, High Court, Madras.

+1cc to Mr.N.S. Kishore Kumar, Advocate, S.R.No.72927 gj(CO) md(22/12/2016) Crl.O.P.No.26594 of 2016 https://hcservices.ecourts.gov.in/hcservices/