Madras High CourtCRL OP/4958/2019ordered

Ramamoorthy v. The State Rep. By Its

2019-02-25Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.02.2019

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CRL.O.P.No. 4958 of 2019 Ramamoorthy ... Petitioner/Single Accused Vs The State represented by its The Inspector of Police, Poompuhar Police Station, Nagaipattinam District.

(Crime No.10 of 2019) ... Respondent/Complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the learned Principal Sessions Judge, Nagaipattinam to accept the surrender of the petitioner in connection with Crime No.10 of 2019 on the file of respondent and consider the bail application on the same day. For Petitioner : Mr.Om Sai Ram For Respondent : Mr.M.Mohamed Riyaz, Additional Public Prosecutor.

O R D E R

This petition is filed for a direction to the learned Principal Sessions Judge, Nagaipattinam, to consider the petitioner bail petition on the same day of his surrender in connection with Crime No.10 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 learned Principal Sessions Judge, Nagapattinam, to consider the petitioner bail application, preferably on the same day of his surrender in connection with Crime No. 10 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 petitioner 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 //True Copy// Sub Assistant Registrar rri/rm To 1.The learned Principal Sessions Judge, Nagaipattinam.

2.The Inspector of Police, Poompuhar Police Station, Nagaipattinam District.

(Crime No. 10 of 2019).

3.The Public Prosecutor, High Court, Madras.

+1cc to Mr.S.T.Raja for M/s.Om Sai Ram, Advocate, S.R.No.16959 CRL.O.P.No.4958 of 2019 SJ(CO) rrs 26/02/2019 https://hcservices.ecourts.gov.in/hcservices/