Madras High CourtCRL OP/3796/2019allowed

Vijay v. The Deputy Superintendent Of Policesa

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.3796 of 2019 1.Vijay 2.Arun 3.Rahul ... Petitioners Vs

1. The State, Rep by The Deputy Superintendent of Police, Salem District.

2. The Inspector of Police, Keelapalur Police Station, Ariyalur District.

(Crime No.17 of 2019) ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the Principal and Sessions Court, Ariyalur to accept the surrender petition filed by the petitioners and on the same day consider the bail application in Crime in 17 of 2019 in Keelapalur Police Station, Ariyalur 2nd respondent herein.

For Petitioners : Mr.P.Muthamizh Selvakumar For Respondents : Mr.M.Mohamed Riyaz, Additional Public Prosecutor.

O R D E R

This petition is filed for a direction to the Principal and Sessions Judge, Ariyalur, to consider the petitioners' bail petition on the same day of their surrender in connection with Crime No.17 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 https://hcservices.ecourts.gov.in/hcservices/

innocent persons, there shall be a direction to the Principal and Sessions Judge, Ariyalur, to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Crime No.17 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 and Sessions Judge, Ariyalur.

2.The Inspector of Police, Keelapalur Police Station, Ariyalur District.

3. The Public Prosecutor, High Court, Madras.

4. The Deputy Superintendent of Police, Salem.

+1 cc to Mr.P.Muthamizh Selvakumar, Advocate, S.R.No.12634 CRL.O.P.No.3796 of 2019 NRL(CO) SSM(14/02/2019) https://hcservices.ecourts.gov.in/hcservices/