Madras High CourtCRL OP/5068/2019allowed

Vijay @ Vinay Kumar v. The State Rep By Its,

2019-02-26Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 26.02.2019

CORAM

THE HONOURABLE Mr.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No. 5068 of 2019 1.Vinay @ Vinay Kumar 2.Manjunath @ Sasikumar 3.Bairesh 4.Venkatesh @ Minuka .. Petitioners Vs.

The State, represented by Sub Inspector of Police, Bagalur Police Station, Bagalur, Krishnagiri District.

(Crime No.34 of 2019) .. Respondent Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to direct the learned Principal District and Sessions Judge, Krishnagiri, to accept the surrender of petitioners and to consider the bail petition on the same day in respect to Crime No.34 of 2019 on the file of the respondent police.

For Petitioners: Mr.S.Vishwanth 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, Krishnagiri to consider the petitioners' bail petition on the same day of their surrender in connection with Crime No.34 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 https://hcservices.ecourts.gov.in/hcservices/

innocent persons, there shall be a direction to the Principle District Sessions Judge, Krishnagiri to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Crime No. 34 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 (CS-IV) //True Copy// Sub Assistant Registrar mpa/lpp To 1.The Principal District and Sessions Judge, Krishnagiri.

2.The Sub Inspector of Police, Bagalur Police Station, Bagalur, Krishnagiri District.

3. The Public Prosecutor, High Court, Madras.

+1cc to Mr.S.Vishwanth, Advocate, S.R.No. 17375 Crl.O.P.No. 5068 of 2019 KAN(CO) GN(27/02/2019) https://hcservices.ecourts.gov.in/hcservices/