Madras High CourtCRL OP/27540/2024disposed of

Mahadevan 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 1.Mahadevan 2.Manjunathan 3.Jagadeesan 4.Eswaran 5.Nagaraj @ Devendiran ... Petitioners/A1 to A5 Vs.

1.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Anaicut Taluk, Vellore District.

2. State by The Inspector of Police, Veppamkuppam Police Station, Vellore District.

(Crime No.472 of 2024) 3.Ambiga ... Respondents Prayer: Criminal Original Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 praying to direct the learned Sessions Judge, Special Court for SC/ST Act, Vellore to consider the surrender of the petitioners and to accept the bail petition on the very same day in Crime No.472 of 2024 on the file of the respondent police. For Petitioners : Mr.D.Thirumoorthy 1/4

For Respondents-1 & 2 : Mr.S.Udayakumar Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed to direct the learned Sessions Judge, Special Court for SC/ST Act, Vellore to consider the bail application on the same day of surrender of the petitioners concerned in Crime No.472 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, Vellore to consider the petitioners' bail applications on the same day of his surrender in connection with Crime No.472 of 2024 on the file of 3rd 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 petitioners and pass orders. 3.The petitioners shall surrender before the Special Court for 2/4

SC/ST Act, Vellore, 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 Sessions Judge, Special Court for SC/ST Act, Vellore.

2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Anaicut Taluk, Vellore District.

3. State by The Inspector of Police, Veppamkuppam Police Station, Vellore District.

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

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