Madras High CourtCRL OP/4965/2019ordered

Prabu v. The Inspector Of Police

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.4965 of 2019

1. Prabu

2. Ayyar @ Kavimurugan

3. Arul @ Arularasan

4. Sudhakar ... Petitioners Vs State represented by Inspector of Police, Perambur Police Station, Perambur, Nagapattinam Dt.

(Crime No. 60 of 2019) ... Respondent PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the Learned Principal Sessions Judge, Nagapattinam to accept the surrender of the petitioner herein and consider the Bail petition concerned in Crime No.60 of 2019 on the file of the Inspector of Police, Perambur Police Station, Nagapattinam District.

For Petitioners: Mr.C.T.Saravanan 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 District Sessions Judge, Nagapattinam, to consider the petitioners' bail petition on the same day of their surrender in connection with Crime No.60 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 District Sessions Judge, Nagapattinam, to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Crime No. 60 of 2019 and pass appropriate orders in accordance with law after affording due https://hcservices.ecourts.gov.in/hcservices/

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 //True Copy// Sub Assistant Registrar rri/rm To 1.The Principal District Sessions Judge (PCR), Nagapattinam.

2.The Inspector of Police, Perambur Police Station, Perambur, Nagapattinam Dt.

(Crime No. 60 of 2019) 3.The Public Prosecutor, High Court, Madras.

+1cc to Mr.C.T.Saravanan, Advocate, S.R.No.17103 CRL.O.P.No.4965 of 2019 CP(CO) rrs 26/02/2019 https://hcservices.ecourts.gov.in/hcservices/