C.C.Chinnappan v. The Deputy Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.12.2024 CORAM :

THE HON'BLE MR. JUSTICE SUNDER MOHAN

1. C.C.Chinnappan

2. C.Ezhil Ranjith

3. C.Krishnakanth ... Petitioners Vs.

1. The Deputy Superintendent of Police Office of Deputy Superintendent of Police Shoolagiri Taluk, Krishnagiri

2. The Inspector of Police Shoolagiri Police Station Shoolagiri, Krishnagiri

3. Krishnan ... Respondents PRAYER: Criminal Original Petition filed under Section 528 of B.N.S.S. to direct the Principal District Judge, Special Court for Trial of cases under SC/ST (POA) Act, Krishnagiri, to accept the surrender and consider the bail application of the petitioners on the same of their surrender in Crime No.527 of 2024 on the file of the Shoolagiri Police Station, Krishnagiri District.

For Petitioners : Mr.S.Kumar For Respondents 1 and 2 : Mr.S.Sugendran Additional Public Prosecutor 1/4

O R D E R

This Criminal Original Petition has been filed to direct the Principal District Judge, Special Court for Trial of Cases under SC/ST (POA) Act, Krishnagiri, to accept the surrender and consider the bail application of the petitioners on the same of their surrender in Crime No.527 of 2024 on the file of the Shoolagiri Police Station, Krishnagiri District.

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 Principal District Judge (Special Court for Trial of Cases under SC/ST (POA) Act, Krishnagiri, to consider the petitioners' bail application on the same day of their surrender in connection with Crime No.527 of 2024 registered for the offence under Sections 3(1)(f), 3(1)(g), 3(1)(r), 3(1)(s), 3(2)(va) of SC/ST (Prevention of Atrocities) Act, 1989, on the file of the 2nd 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 2/4

petitioners and pass orders, after affording opportunity of hearing to the victim under Section 15-A of the SC/ST (POA) Act, 1989.

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

4. With the above directions, this Criminal Original Petition stands allowed.

05.12.2024 Index :Yes/No Internet:Yes/No ksa-2 To

1. The Principal District Judge Special Court for Trial of Cases under SC/ST (POA) Act, Krishnagiri,

2. The Deputy Superintendent of Police Office of Deputy Superintendent of Police Shoolagiri Taluk, Krishnagiri

2. The Inspector of Police Shoolagiri Police Station, Shoolagiri, Krishnagiri

4. The Public Prosecutor, High Court, Madras.

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SUNDER MOHAN,J.

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