Madras High CourtCRL OP/4531/2019allowed

V.Sivakumar v. State Rep By

2019-02-20Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 20.02.2019

CORAM

THE HONOURABLE Mr.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No. 4531 of 2019

1. V.Sivakumar

2. Veera Gounder

...Petitioners / Accused

Vs State rep by Inspector of Police, Deevattipatti Police Station, Salem District.

(Crime No. 115 of 2019)

...Respondent/Complainant

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, to direct the Principal Sessions Judge and Special Judge for Prevention of SC & ST Atrocities Act, Salem to consider the bail application on the same day on surrender of the petitioner in Crime No.115 of 2019 on the file of the respondent police. For Petitioners: Mr.R.Nalliyappan For Respondent : Mr.M.Mohamed Riyaz, Additional Public Prosecutor.

O R D E R

This petition is filed for a direction to direct the Principal Sessions Judge and Special Judge for Prevention of SC & ST Atrocities Act, Salem to consider the bail application on the same day on surrender of the petitioner in Crime No.115 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 Principal Sessions Judge and Special Judge for Prevention of SC & ST Atrocities Act, Salem, to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Crime No. 115 of 2019 and pass appropriate orders in accordance with law after affording due opportunity to https://hcservices.ecourts.gov.in/hcservices/

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-VI) //True Copy// Sub Assistant Registrar ssr/lpp To

1. The Principal Sessions Judge and Special Judge for Prevention of SC & ST Atrocities Act, Salem.

2. The Inspector of Police, Deevattipatti Police Station, Salem District.

3. The Public Prosecutor, High Court, Madras.

+1 cc to Mr.R.Nalliyappan, Advocate, S.R.No.16127 Crl.O.P.No. 4531 of 2019 VBA(CO) SSM(21/02/2019) https://hcservices.ecourts.gov.in/hcservices/