Rajivgandhi v. The Deputy Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 8.3.2022

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA CRL.O.P No.25210 of 2021

1. Rajivgandhi

2. Vijayakanth

3. Dhanush

4. Sarathkumar

5. Thangadurai

6. Vijayakumar

7. Ramachandran

8. Backiyaraj

9. Kalidoss

10. Manohar

11. Dinesh

12. Ayyanaar

13. Vignesh

14. Marudhu

15. Sakthi Petitioners/Accused Vs 1.The Deputy Superintendent of Police, Thiruvannamalai (Rural) Thiruvannamalai District.

2. State by The Inspector of Police Vanapuram Police Station Thiruvannamalai District Crime No.495 of 2021 Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the learned Principal District Sessions Judge (Special court for Trial of SC/ST Act Cases), Thiruvannamalai to consider the bail application of the petitioners on the same day of their surrender in Crime No.495 of 2021 pending on the file of the Inspector of Police, Vanapuram Police Station, Thiruvannamalai District. For Petitioners : Mr.S.Silambuselvan For Respondents : Mr.A.Gokulakrishnan, APP

O R D E R

This petition is filed for a direction to direct the learned Principal District Sessions Judge (Special court for Trial of SC/ST Act Cases), Thiruvannamalai to consider the bail application of the petitioners on the same day of their surrender in Crime No.495 of 2021 pending on the file of the Inspector of Police, Vanapuram Police Station, Thiruvannamalai 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 possibility of misusing the pious intention of the Parliament against innocent persons, there shall be a direction to the Principal District Sessions Judge (Special court for Trial of SC/ST Act Cases), Thiruvannamalai to consider the petitioners' bail application/s, preferably on the same day of their surrender in connection with Crime No. 495 of 2021 on the file of the 2nd respondent and pass appropriate orders in accordance with law after affording due opportunity to the victim under Section 15 (a) of the SC/ST Act. The petitioners shall surrender before the jurisdictional Court concerned within a period of fifteen days 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-VIII) //True copy// Sub Assistant Registrar ssk.

To

1. Principal District Sessions Judge (Special court for Trial of SC/ST Act Cases), Thiruvannamalai.

2.The Deputy Superintendent of Police, Thiruvannamalai (Rural) Thiruvannamalai District.

3. The Inspector of Police Vanapuram Police Station Thiruvannamalai District 4.The Additional Public Prosecutor, Madras High Court, Madras.

+1cc to Mr.S.Silambuselvan, Advocate SR.No.15601 CRL.O.P No.25210 of 2021 CNR(CO) GMY(11/03/2022)