Ashok @ R.Ashok Kumar v. The Deputy Superintendent 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.4161 of 2019 1.Ashok alias R.Ashok Kumar 2.S.Kamaesh ... Petitioners/Accused 4 & 5 Vs 1.State represented by The Deputy Superintendent of Police, Kottaikuppam Range, Villupuram District.

(Crime NO.78 of 2019) 2.The Inspector of Police, Auroville Police Station, Villupuram District.

... Respondents/Complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the (*)Special Court for Trial of Schedule Castes and Scheduled Tribes Cases at Villpuram District to consider the Anticipatory Bail Application on the same day in Crime No.78 of 2019, on the file of the respondent Auroville Police pending investigation.

For Petitioners: Mr.Shaikh Mehrunisa For Respondents: Mr.M.Mohamed Riyaz, Additional Public Prosecutor.

O R D E R

This petition is filed for a direction to the Principle District Judge, Villupuram District 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 (*)Special

Court for Trial of Schedule Castes and Scheduled Tribes Cases at Villpuram District to consider the petitioners' bail application, preferably on the same day of 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.

Sd/- Assistant Registrar(CO) (Dated: 18.02.2019) (*) Amended as per order of this Court made in Crl MP.No.3688/2019 in Crl.O.P.No.4161 of 2019 dated 13.03.2019 Sd/- Assistant Registrar (Dated : 21.03.2019) //True Copy// Sub Assistant Registrar mpa/lpp To 1.The Principle District Judge, To be Substituted the Villupuram District.

order copy already despatched on 20.02.19 (*)2. The Special Court for Trial of Schedule Castes and Scheduled Tribes Cases,Villpuram District 3.The Deputy Superintendent of Police, Kottaikuppam Range, Villupuram District.

4.The Inspector of Police, Auroville Police Station, Villupuram District.

5. The Public Prosecutor, High Court, Madras.

+1cc to Ms.Shaikh Mehurunisa, Advocate, S.R.No. 13841 CRL.O.P.No.4161 of 2019 SR(CO) GN(18/02/2019) CSL/22.03.2019