D.Dhanapal v. The State Rep By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.02.2019

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CRL.O.P.No.5227 of 2019

1. D.Dhanapal

2. D.Murugan

3. D.Senthilkumar

4. D.Karuppannan ... Petitioners Vs 1.The State, Rep. by its Deputy Superintendent of Police, Mettur Division, Mettur, Salem District.

2.The State, Rep. by its Inspector of Police, Mecheri Police Station, Salem District.

(Crime No. 80 of 2019) ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the Special Court/Principal District Judge, Salem to consider the petitioner's bail petition on the same day on their surrender before the Court in connection with the case in Crime No.80 of 2019 on the file of the 2nd respondent police.

For Petitioner : Mr.A.M.Esakkiappan For Respondents: Mr.M.Mohamed Riyaz, Additional Public Prosecutor.

O R D E R

This petition is filed for a direction to the Special Court/Principal District Judge, Salem, to consider the petitioners' bail petition on the same day of their surrender in connection with Crime No.80 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 Special https://hcservices.ecourts.gov.in/hcservices/

Court/Principal District Judge, Salem, to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Crime No. 80 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 III) //True Copy// Sub Assistant Registrar rri To 1.The Special Judge/ Principal District Judge, Salem.

2.The Deputy Superintendent of Police, Mettur Division, Mettur, Salem District.

3.The Inspector of Police, Mecheri Police Station, Salem District (Crime No. 80 of 2019) 4.The Public Prosecutor, High Court, Madras.

+1cc to Mr.A.M.Esakkiappan, Advocate, S.R.No.18049 CRL.O.P.No.5227 of 2019 RJ(CO) rrs 01/03/2019 https://hcservices.ecourts.gov.in/hcservices/