Manikandan v. The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 26.02.2019
CORAM
THE HONOURABLE Mr.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No. 5152 of 2019 Manikandan
...Petitioner
Vs.
The State, Reply by the Inspector of Police, Ramanatham Police Station, Thittakudi(T.K), Cuddalore (D.T)
...Respondent
Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to direct the learned Principal District Sessions Judge, Cuddalore to consider the bail application of the petitioner in the same day on merits in P.R.C.No.5 of 2018 on the file of District Munsif Cum Judicial Magistrate, Thittakudi.
For Petitioner : Mr.M.Kavikannan 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, Cuddalore to consider the petitioners' bail petition on the same day of their surrender in connection with P.R.C.No.5 of 2018, 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, Cuddalore to consider the petitioners' bail application, preferably on the same day of their surrender https://hcservices.ecourts.gov.in/hcservices/
in connection with P.R.C.No.5 of 2018 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.
mpa/lpp Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar To 1.The Inspector of Police, Ramanatham Police Station, Thittakudi Taluk, Cuddalore District.
2. The Public Prosecutor, High Court, Madras.
3. The Principal District and Sessions Judge, Cuddalore.
4. The District Munsif cum Judicial Magistrate, Thillakudi.
+2CCs to Mr.M.Kavikannan, Advocate, SR.NO.17441 Crl.O.P.No. 5152 of 2019 kak(27/02/2019) https://hcservices.ecourts.gov.in/hcservices/