Madras High CourtCRL OP/3322/2019ordered

T.Thangaraj v. The Deputy Superintendent 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.3322 of 2019

1. T.Thangaraj

2. Boopathy

3. Kadhiravan

4. M.Nandhakumar ... Petitioners Vs

1. State represented by its Deputy Superintendent of Police, Sankagiri, Salem District.

2. The Inspector of Police, Magudanchavadi Police Station, Salem District (Crime No. 399 of 2018) ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the Principal District & Sessions Judge, Salem to consider and pass the order on the bail application on the very same day in the event of the petitioners surrendering before the Court and filing bail application in connection with Crime No.399 of 2018 dated 30.11.2018 on the file of the respondent police.

For Petitioners : Mr.P.Pandiyaraj For Respondents : 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, Salem, to consider the petitioners' bail petition on the same day of their surrender in connection with Crime No.399 of 2018, 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, Salem, to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Crime No. 399 of 2018 and pass appropriate orders in accordance with law after affording due opportunity to https://hcservices.ecourts.gov.in/hcservices/

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.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar lpp/jas To

1. The Principal District and Sessions Judge, Salem.

2. The Deputy Superintendent of Police, Sankagiri, Salem District.

3. The Inspector of Police, Magudanchavadi Police Station, Salem District.

4. The Public Prosecutor, High Court, Madras.

+1cc to Mr.P.Pandiyaraj, Advocate, S.R.No.10643 CRL.O.P.No.3322 of 2019 PM(CO) GSP(08/02/2019) https://hcservices.ecourts.gov.in/hcservices/