Madras High CourtCRL OP/3791/2019allowed

Velu v. The Inspector Of Police

2019-02-13Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.02.2019

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CRL.O.P.No.3791 of 2019 1.Velu 2.Udhaya Gowthaman 3.Kannan 4.Veeramani 5.Navakodi 6.Kalaiyazhagan ... Petitioners Vs State represented by The Inspector of Police, Thirunavallur Police Station, Ulundurpet Taluk, Villupuram District.

(Crime No.48 of 2019) ... Respondent PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the learned Special Judge for SC/ST (POA) Cases at Villupuram to consider the bail petition to be filed by the petitioner on the same day as that on which they surrender before the Court in connection with Crime No.48 of 2019 on the file of the respondent police.

For Petitioners: Mr.S.Lakshmipathy For Respondent : Mr.M.Mohamed Riyaz, Additional Public Prosecutor.

O R D E R

This petition is filed for a direction to the Special Judge for SC/ST (POA) Cases, Villupuram, to consider the petitioners' bail petition on the same day of their surrender in connection with Crime No.48 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 Special Judge for SC/ST (POA) Cases, Villupuram to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Crime No.48 of 2019 and pass appropriate orders in accordance with law after affording due opportunity to the https://hcservices.ecourts.gov.in/hcservices/

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.

Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar lpp/mpa To 1.The Special Judge for SC/ST (POA) Cases, Villupuram.

2.The Inspector of Police, Thirunavallur Police Station, Ulundurpet Taluk, Villupuram District.

3. The Public Prosecutor, High Court, Madras.

+1cc to Mr.S.Lakshmipathy , Advocate SR.No. 12701 CRL.O.P.No.3791 of 2019 A.SK(14/02/2019) https://hcservices.ecourts.gov.in/hcservices/