Madras High CourtCRL OP/27257/2024disposed of

Alamelu v. The Deputy Superintendent Of Police,

2024-10-30Honourable Mr Justice M. Nirmal Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.10.2024

CORAM

THE HONOURABLE MR.JUSTICE M. NIRMAL KUMAR Alamelu ... Petitioner/A6 Vs.

1.The Deputy Superintendent of Police, Villlupuram, Villupuram District.

2.The State Rep. by The Inspector of Police, Anandapuram Police Station, Villupuram District.

(Crime No.32 of 2024) ... Respondents Prayer: Criminal Original Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 praying to direct the Principal District and Sessions Judge (SC/ST Court) at Villupuram to accept surrender and consider the bail application of the petitioner on the same day in Crime No.328 of 2024 on the file of the 2nd respondent. For Petitioner : Mr.E.Viswanathan For Respondents : Mr.S.Udayakumar Government Advocate (Crl.Side) 1/4

O R D E R

This Criminal Original Petition has been filed to direct the Principal District and Sessions Judge, Special Court for SC/ST Act cases, Villupuram to consider the bail application on the same day of surrender of the petitioner concerned in Crime No.32 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 Principal District and Sessions Judge, Special Court for SC/ST Act cases, Villupuram to consider the petitioner's bail application on the same day of his surrender in connection with Crime No.32 of 2024 on the file of the 2nd 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.

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3.The petitioner shall surrender before the Special Court for SC/ST Act cases, Villupuram, within a period of fifteen days from the date of 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 Principal District and Sessions Judge, Villupuram.

2.The Deputy Superintendent of Police, Villlupuram, Villupuram District.

3.The Inspector of Police, Anandapuram Police Station, Villupuram District.

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

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