Elumalai v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.03.2019

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CRL.O.P.No.5531 of 2019

1. Elumalai.V 2.Loganathan.T 3.Manigandan.J 4.Gopalakrishnan.A 5.Balan.E 6.Tamilmaran.M 7.Kumaresan.R 8.Elumalai.M 9.Krishnamoorthy.K 10.Santhosh.A 11.Kumaran.S 12.Magendiran.M 13.Suresh.L ... Petitioners/Accused 1, 3 to 14 Vs State by:

Inspector of Police, Dusi Police Station, Tiruvannamalai District.

Cr.No.73 of 2019.

... Respondent/Complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the learned Principal District and Sessions Judge, Tiruvannamalai to consider the bail application in Cr.No.73 of 2019 on the file of the Inspector of Police, Dusi Police Station, Tiruvannamalai District.

For Petitioners: Mr.N.Sudharsan 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 and Sessions Judge, Tiruvannamalai, to consider the petitioners' bail petition on the same day of their surrender in connection with Crime No.73 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 learned Principal District and Sessions Judge, Tiruvannamalai , to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Crime No. 73 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 //True Copy// Sub Assistant Registrar rri To 1.The Principal District and Sessions Judge, Thiruvannamalai.

2.Inspector of Police, Dusi Police Station, Tiruvannamalai District.

Cr.No.73 of 2019.

3. The Public Prosecutor, High Court, Madras.

+1cc to Mr.N.Sudharsan, Advocate sr.no.19686 CRL.O.P.No.5531 of 2019 nr 04/03/2019 https://hcservices.ecourts.gov.in/hcservices/