Venda v. The Deputy Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.11.2022

CORAM:

THE HONOURABLE MS.JUSTICE R.N.MANJULA 1.Venda 2.Saravanan ...

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

2.The Inspector of Police, Bagayam Police Station, Vellore District.

(Crime No.238 of 2022) ...

Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, praying to direct the Special Court for SC/ST Act Cases at Vellore, Vellore District to consider the bail application filed by the petitioners in connection Crime No.238 of 2022 on the file of the Inspector of Police, Bagayam Police Station, Vellore District on their surrender on the same day on sympathetic ground.

For Petitioners : Mr.G.Nirmalkrishnan For Respondents : Mr.S.Santhosh Government Advocate (Crl. Side) 1/4

O R D E R

This Criminal Original Petition has been filed seeking for a direction to the Special Court for SC/ST Act Cases at Vellore, Vellore District, to consider the bail application filed by the petitioners on their surrender and in one and the same day in Crime No.238 of 2022 on the file of the second respondent police.

2.

Heard the learned counsel for the petitioners and the learned Government Advocate (Crl. Side) for the respondents. 3.

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 misuse of the stringent provision against innocent persons, there shall be a direction to the Special Court for SC/ST Act Cases at Vellore, Vellore District, to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Crime No.238 of 2022 on the file of the second 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, 2/4

1989. The petitioners shall surrender before the concerned Jurisdictional Court, within a period of fifteen days from the date of receipt of a copy of this order.

4.

It is needless to say that the Court below while disposing the bail petition shall look into the gravity of the offence, previous antecedents of the petitioners and pass appropriate orders in accordance with law.

5.

In view of the above, this Criminal Original Petition stands allowed.

07.11.2022 Speaking order / Non-speaking order Index : Yes / No Internet : Yes Note : Issue Order Copy by Today i.e. on 09.11.2022 sri 3/4

R.N.MANJULA , J.

sri To 1.The Special Court for SC/ST Act Cases at Vellore, Vellore District.

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

3.The Inspector of Police, Bagayam Police Station, Vellore District.

4. The Public Prosecutor, Madras High Court, Chennai.

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