Madras High CourtCRL OP/3324/2019disposed of

Annadurai Panchanathan v. The Sub Inspector Of Police

2019-02-07Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.02.2019

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CRL.O.P.No.3324 of 2019 Annadurai Panchanathan ... Petitioner Vs State by :

Sub-Inspector of Police, Voimedu Police Station, Nagapattinam District.

(Crime No.07/2019) ... Respondent PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the learned Principal District and Sessions Judge, Nagapattinam to entertain, consider and dispose of the Bail Application of the petitioner when he surrender before the said Court in Crime No.07 of 2019 pending on the file of the respondent police on the same day.

For Petitioners: Mr.K.Govi Ganesan For Respondent : Mr.M.Mohamed Riyaz, Additional Public Prosecutor.

O R D E R

This petition is filed for a direction to the Principal District & Sessions Judge, Nagapattinam, to consider the petitioner's bail petition on the same day of their surrender in connection with Crime No.07 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 Principal District & Sessions Judge, Nagapattinam, to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Crime No. 07 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.

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3. In view of the above, the Criminal Original Petition stands allowed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar lpp/jas To

1. The Principal District and Sessions Judge, Nagapattinam.

2. The Sub-Inspector of Police, Voimedu Police Station, Nagapattinam District.

3. The Public Prosecutor, High Court, Madras.

+1cc to Mr.K.Govi Ganesan, Advocate, S.R.No.10999 CRL.O.P.No.3324 of 2019 rrs 08/02/2019 https://hcservices.ecourts.gov.in/hcservices/