Madras High CourtCRL OP/3834/2019allowed

Murugan 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.3834 of 2019 1.Murugan 2.Arunachalam 3.Palaniammal 4.Manikandan ... Petitioners Vs State represented by The Inspector of Police, Attaiyampatti Police Station, Salem District.

(Crime No.13 of 2019) ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the Principal District Sessions Judge and Special Judge for Prevention of SC & ST Atrocities Act, Salem to consider the bail application on the same day on surrender of the petitioner in Crime No.13 of 2019 on the file of the respondent police.

For Petitioners: Mr.R.Nalliyappan 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 and Special Judge for Prevention of SC & ST Atrocities Act, Salem, to consider the petitioners' bail petition on the same day of their surrender in connection with Crime No.13 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 https://hcservices.ecourts.gov.in/hcservices/

District Sessions Judge and Special Judge for Prevention of SC & ST Atrocities Act, Salem, to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Crime No.13 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.

Sd/- Assistant Registrar(CS-III) //True Copy// Sub Assistant Registrar lpp/mpa To

1. The Principal District Sessions Judge and Special Judge for Prevention of SC & ST Atrocities Act, Salem.

2.The Inspector of Police, Attaiyampatti Police Station, Salem District.

3. The Public Prosecutor, High Court, Madras.

+1cc to Mr.R.Nalliyappan, Advocate, S.R.No.13287 CRL.O.P.No.3834 of 2019 NRL(CO) GN(14/02/2019) https://hcservices.ecourts.gov.in/hcservices/