Madras High CourtCRL OP/4833/2019allowed

Rajam v. The Inspector Of Police

2019-02-22Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.02.2019

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CRL.O.P.No.4833 of 2019 Rajam ... Petitioner Vs State rep by The Inspector of Police, All Women Police Station, Kallakurichi, Villupuram District.

... Respondent PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the Special Court for SC/ST cases, Villupuram District to consider the petitioner's Bail Application on the very same day on his surrender before the Court in connection with Crime No.11 of 2017, on the file of the respondent Police.

For Petitioner : Mr.S.Gunasekaran For Respondent : Mr.M.Mohamed Riyaz, Additional Public Prosecutor.

O R D E R

This petition is filed for a direction to the learned Special Judge, Special Court for SC/ST cases, Villupuram District to consider the petitioner's bail petition on the same day of his surrender in connection with Crime No.11 of 2017, 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 learned Special Judge, Special Court for SC/ST cases, Villupuram District to consider the petitioner's bail application, preferably on the same day of his surrender in connection with Crime No.11 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.

https://hcservices.ecourts.gov.in/hcservices/

3. In view of the above, the Criminal Original Petition stands allowed.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar To 1.The Special Judge, Special Court for SC/ST cases, Villupuram District.

2.The Inspector of Police, All Women Police Station, Kallakurichi, Villupuram District.

3. The Public Prosecutor, High Court, Madras.

CRL.O.P.No.4833 of 2019 PP(CO) GSP(25/02/2019) https://hcservices.ecourts.gov.in/hcservices/