E.M.Somasundaram, v. The State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.02.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No. 5380 of 2018 1.J.Vengat Raj 2.Vijaya ... Petitioner Vs.

1.The State represented by The Deputy Superintent of Police, Perambalur District.

2.The Sub-Inspector of Police, (Law & Order) Perambalur PS.

... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to direct the learned Principle District & Sessions Judge, Perambalur to accept the surrender of the petitioner / Accused (1-20 and consider their Bail application on the surrender in the Crime No.138 of 2019 in the file of Respondents police at Perambalur. For Petitioner : Mr.C.Babu For Respondents : Mr.M.Mohamed Riyaz, Additional Public Prosecutor.

O R D E R

This petition is filed for a direction to the learned Principle District & Sessions Judge, Perambalur to consider the petitioners' bail petition on the same day of their surrender in connection with Crime No.138 of 2019, since the offences are pertaining to the Scheduled Castes and Scheduled Tribes

(Prevention of Atrocities) Act, 1989.

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 possibility of misusing the pious intention of the Parliament against innocent persons, there shall be a direction to the learned Principle District & Sessions Judge, Perambalur, to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Crime No.138 of 2019 and pass appropriate orders in accordance with law after affording due opportunity to the victim under Section 15(a) of the SC/ST Act. 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.

3.In view of the above, the Criminal Original Petition stands allowed. 28.02.2019 Internet: Yes Index: Yes/No vsn/lpp To 1.The Principle District & Sessions Judge, Perambalur

2. The Public Prosecutor, High Court, Madras. Note:Issue Order copy on 04.03.2019

G .K.ILANTHIRAIYAN, J.

vsn/lpp Crl.O.P.No.5380 of 2019 28.02.2019