A.Arunkumar v. The State Rep By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.02.2019

CORAM

THE HONOURABLE Mr.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.3759 of 2019 A.Arun Kumar .. Petitioner Vs State rep. by The Inspector of Police, Chengam Police Station, (*)Tiruvannamalai District Cr.No.72 of 2019 ... Respondent Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to direct the Principal District and Sessions Court for the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act at Tiruvannamalai to consider the bail application on the same day on merits in accordance with law in the event of surrender of the petitioner in connection with Crime No.72 of 2019 pending on the file of the Respondent.

For Petitioner : Mr.V.Manikandan 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 and Sessions Court for the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, Tiruvannamalai to consider the petitioner's bail petition on the same day of their surrender in connection with Crime No.72 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 and Sessions Court for the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, Tiruvannamalai, to consider the petitioner's bail application, preferably on the same day of their surrender in connection with Crime No. 72 of 2019 and pass appropriate orders in accordance with law after affording due opportunity to the victim under Section 15(a) of https://hcservices.ecourts.gov.in/hcservices/

the SC/ST Act. The petitioner 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 IV) (Dated :13.02.2019) (*) Amended as per order dated 18.03.2019 made in Crl.O.P.No.3759/2019 listed under the caption "For Being Mentioned" Sd/- Assistant Registrar (Dated : 21.03.2019) //True Copy// Sub Assistant Registrar rpl/sbn To

1. The Principal District and Sessions To be Substituted for Court for the Scheduled Castes and the order copy already the Scheduled Tribes (Prevention of despatched on 18.03.19 Atrocities) Act, Tiruvannamalai made in CRL OP NO.3759 OF 2019 2.The Inspector of Police, Chengam Police Station, (*)Thiruvannamalai District.

3.The Public Prosecutor, High Court, Madras.

+1cc to Mr.V.Manikandan, Advocate, S.R.No.12410 Crl.O.P.No.3759 of 2019 KAN(CO) GSP(13/02/2019) CSL/22.03.2019 https://hcservices.ecourts.gov.in/hcservices/