Gopinath v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.02.2019

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CRL.O.P.No.4193 of 2019 1.Gopinath 2.Seenuvasan 3.Sathish Kumar 4.Saravanan 5.Gokulraj ... Petitioners Vs State represented by The Inspector of Police, Vandavasi South Police Station, Thiruvanamalai District.

(Crime No.78 of 2019) ... Respondent PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the Principle District Sessions Judge, Thiruvannamalai to accept the surrender of the petitioners and to consider the bail petition filed by the petitioners on the same day in Crime No.*78 of 2019.

For Petitioners: Mr.R.Thamarai Selvan For Respondent : Mr.M.Mohamed Riyaz, Additional Public Prosecutor.

O R D E R

This petition is filed for a direction to the Principle District Sessions Judge, Thiruvannamalai to consider the petitioners' bail petition on the same day of their surrender in connection with Crime No.*78 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 Principle District Sessions Judge, Thiruvannamalai to consider the petitioners' bail application, preferably on the same day of https://hcservices.ecourts.gov.in/hcservices/

their surrender in connection with Crime No.*78 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.

s/d- Assistant Registrar(CS VI) Dated:18/02/2019 *Corrected as per order of this Court dated 1.3.2019 Sd/- Assistant Registrar (CS VI) Dated:06/03/2019 True Copy Sub-Assistant Registrar mpa/lpp To 1.The Principle District Sessions Judge, To be substituted to Thiruvannamalai. The order already despatched on 2.The Inspector of Police, 20/02/2019 Vandavasi South Police Station, Thiruvanamalai District.

3. The Public Prosecutor, High Court, Madras.

+1 CC to Mr.R.Thamarai Selvan, Advocate sr 14291. CRL.O.P.No.4193 of 2019 SP(18/02/2019) srg 6/3/2019 https://hcservices.ecourts.gov.in/hcservices/