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Madras High CourtCRL OP/3954/2019allowed

Anandaraj v. The Sub Inspector Of Police

2019-02-14Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.02.2019

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN CRL.O.P.No.3954 of 2019

1. Anandaraj

2. Vellayadevan ... Petitioners Vs State rep. by The Sub Inspector of Police, Peranamallur Police Station, Thiruvannamalai District.

(Crime No. 57 of 2019) ... Respondent PRAYER:

Criminal Original Petition filed under Section 482 of Cr.P.C, to direct the District & Sessions Court, Thiruvannamalai (Special Judge for S.C. & S.T. Act) to consider their surrender and pass appropriate orders on the bail application filed by the petitioners on the same day in connection with Crime No.57 of 2019 on the file of the Respondent Police.

For Petitioners: Mr.V.R.Appaswamee For Respondent : Mr.M.Mohamed Riyaz, Additional Public Prosecutor

O R D E R

This petition is filed for a direction to direct the District & Sessions Court, Thiruvannamalai (Special Judge for S.C. & S.T. Act) to consider their surrender and pass appropriate orders on the bail application filed by the petitioners on the same day in connection with Crime No.57 of 2019 on the file of the Respondent Police.

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 Special Court/Principal Sessions Court, https://hcservices.ecourts.gov.in/hcservices/

* Tiruvannamalai, to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Crime No. 504 of 2017 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) * Corrected as per order dated 15.02.2019 21.02.2019 made in Crl.O.P.No.3954 of 2019 listed under the caption for Being Mentioned Sd/- Assistant Registrar(CS-VI) dated 21.02.2019 //True Copy// Sub Assistant Registrar ssr/rpl To

1. The District & Sessions Court, Thiruvannamalai (Special Judge for S.C. & S.T. Act).

2. The Sub Inspector of Police, Corrected order to Peranamallur Police Station, be issued for the Thiruvannamalai District.

Order Already Despatched

3. The Public Prosecutor, on 20.02.2019 High Court, Madras.

4. The Special Court/ Principal Sessions Court, Krishnagiri +1cc to Mr.V.R.Appaswamee, Advocate in SR.No.13185 +1cc to Mr.V.R.Appaswamee, Advocate in sr.no.16154 CRL.O.P.No. 3954 of 2019 ASK(15/02/2019) CS/22/02/2019 https://hcservices.ecourts.gov.in/hcservices/