K.Ramachandran v. The Deputy Superintendent Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10-12-2024

CORAM

THE HONOURABLE MR JUSTICE SUNDER MOHAN K.RAMACHANDRAN S/O.KRISHNAN, NO.4/134, SOULUR KOLLUPATTI, KUMBARAHALLI PALAKODU, DHARMAPURI DISTRICT - 635 111.

APPELLANT(S) Vs THE DEPUTY SUPERINTENDENT OF POLICE, NAMAKKAL, NAMAKKAL DISTRICT.

RESPONDENT(S) For Appellant(s): MR.M.SENTHAMIZHSELVAN For Respondent(s): MR.S.SUGENDRAN, ADDL. PUBLIC PROSECUTOR

ORDER

This case is posted today under the caption "For Being Mentioned".

2. The learned counsel for the petitioner would submit tht the petitioner was not aware of the fact tht there was a Special Court to try SC/ST cases. Hence, inadvertently had sought for a prayer to direct the Principal District and Sessions Judge, Namakkal to consider the petitioner's bail application.

3. The learned Additional Public Prosecutor, on instructions, would submit that there is a Special Court to try SC/ST Cases at Namakkal.

4. In view of the above said submission made by the learned Additional Public Prosecutor, the petitioner is directed to move the bail application before the Special Court for SC/ST cases at Namakkal and Para 2 of the order of this Court dated 08.11.2024 shall read as follows - 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 facts of the case, there shall be a direction to the learned Special Judge for SC/ST Cases, Namakkal to consider the petitioner's bail application on the same day of his surrender in connection with Crime No.18 of 2024 registered for the offence under Sections 376, 376E, 417 of IPC and Section 3(2)(v) of The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 on the file of the 2 nd respondent 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 antecedent

of the petitioner and pass orders after affording due opportunity to the victim under Section 15-A of The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

5. The petitioner shall surrender before the concerned Jurisdictional Court, within a period of two (2) weeks from the date of this order. The other contents of the order of this court dated 08.11.2024 shall remain unaltered.

6. Registry is directed to issue fresh order copy after carrying out the above corrections.

10.12.2024 rgr To 1.THE SPECIAL JUDGE, SPECIAL COURT FOR SC/ST ACT CASES, NAMAKKAL.

2.THE DEPUTY SUPERINTENDENT OF POLICE, NAMAKKAL, NAMAKKAL DISTRICT.

3.THE INSPECTOR OF POLICE, PUTHUCHATRAM POLICE STATION, NAMAKKAL DISTRICT CR.NO.18 OF 2024.

4.THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

SUNDER MOHAN, J.

rgr 10.12.2024