Madras High CourtCRL OP/4945/2020allowed

Ajithkumar v. The Inspector Of Police,

2020-03-03Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.03.2020

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CRL.O.P.No.4945 of 2020 Ajithkumar ... Petitioner Vs The Inspector of Police, Kannai Police Station, Villupuram District.

(Crime No.9 of 2020) ... Respondent PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the Special Court for PCR Cases, Villupuram (Principal District cum Sessions Judge) to allow the bail petition in Crime No.9 of 2020, dated 17.01.2020, on the file of the respondent Police and consider the same day. For Petitioner : Mr.E.C.Ramesh For Respondent : Mr.M.Mohamed Riyaz, Additional Public Prosecutor.

O R D E R

This petition is filed for a direction to the Special Court for PCR Cases, Villupuram (Principal District cum Sessions Judge), to consider the petitioners' bail petition on the same day of their surrender in connection with Crime No.9 of 2020, 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 Court for PCR Cases, Villupuram (Principal District cum Sessions Judge), to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Crime No.9 of 2020 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.

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3. In view of the above, the Criminal Original Petition stands allowed.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar To

1. The Special Court for PCR Cases, Villupuram (Principal District cum Sessions Judge).

2.The Inspector of Police, Kannai Police Station, Villupuram District.

3. The Public Prosecutor, High Court, Madras. +1cc to Mr.E.C.Ramesh, Advocate sr.18693 CRL.O.P.No.4945 of 2020 rk(co) nr 04/03/2020 2/2 https://hcservices.ecourts.gov.in/hcservices/