Lakshmanan v. State Represented By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.10.2024

CORAM

THE HONOURABLE MR.JUSTICE M. NIRMAL KUMAR Lakshmanan ... Petitioner/Accused Vs.

State Represented by The Inspector of Police, Karuveppilankurichi Police Station, Cuddalore District.

Crime No.253 of 2024 ... Respondent Prayer: Criminal Original Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 praying to direct the Special Court for Exclusive trial of SC/ST Cases, Cuddalore to accept surrender of the petitioner in Crime No.253 of 2024 pending investigation on the file of the respondent police and consider his bail applications on thesame day.

For Petitioner : Mr.S.Nishanthi For Respondent : Mr.S.Udayakumar Government Advocate (Crl.Side)

O R D E R

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This Criminal Original Petition has been filed to direct the learned Sessions Judge, Special Court for SC/ST Act cases, Cuddalore to consider the bail application on the same day of surrender of the petitioner concerned in Crime No.253 of 2024 on the file of second respondent police.

2.In view of the specific bar under Section 18 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short "SC/ST (POA) Act) and also taking into consideration the facts of the case, there shall be a direction to the learned Sessions Judge, Special Court for SC/ST Act cases, Cuddalore to consider the petitioner's bail application on the same day of his surrender in connection with Crime No.253 of 2024 on the file of respondent police and pass appropriate orders in accordance with law. 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 petitioner and pass orders. 3.The petitioner shall surrender before the Special Court for SC/ST Act cases, Cuddalore, within a period of fifteen days from the date of 2/4

receipt of a copy of this order, after affording due opportunity to the victim under Section 15-A of the SC/ST (POA) Act. 4.In view of the above, the Criminal Original Petition stands disposed of.

30.10.2024 Index : Yes/No Internet : Yes/No Speaking order/Non-speaking order rsi 3/4

M. NIRMAL KUMAR , J.

rsi To 1.The Sessions Judge, Special Court for Exclusive trial of SC/ST Cases, Cuddalore.

2.The Inspector of Police, Karuveppilankurichi Police Station, Cuddalore District.

3.The Public Prosecutor, High Court of Madras, Chennai.

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