Sukumar v. The State Represented By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.03.2020

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CRL.O.P.No.5326 of 2020 Sukumar

...Petitioner/A-2

Vs.

The State represented by its:

Inspector of Police, Irumbulikurichi Police Station, Ariyalur District, (Crime.No.19 of 2020)

...Respondent/

Complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the learned Principal District and Sessions Judge, (Special Judge for SC & ST Act Cases), Ariyalur to consider the bail application of the petitioner concerned in Crime No.19 of 2020 on the file of Inspector of Police, Irumbulikurichi Police Station, Ariyalur District on his surrender on the same day and to pass orders on such terms and conditions as this Court may deem fit and proper in the circumstances of the case.

For Petitioner :

Mr.C.Prabakaran For Respondent :

Mr.M.Mohamed Riyaz Additional Government Pleader

O R D E R

This petition is filed for a direction to the learned Principal District and Sessions Judge, (Special Judge for SC & ST Act Cases), Ariyalur to consider the petitioners' bail petition on the same day of their surrender in connection with Crime No.19 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 https://hcservices.ecourts.gov.in/hcservices/

innocent persons, there shall be a direction to the learned Principal District and Sessions Judge, (Special Judge for SC & ST Act Cases), Ariyalur, to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Crime No.19 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 petitioner 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.

s/d- Assistant Registrar(CO) True Copy Sub-Assistant Registrar dua To

1. The Principal District and Sessions Judge, (Special Judge for SC & ST Act Cases), Ariyalur. 2.The Public Prosecutor, High Court, Madras.

3.The Inspector of Police, Irumbulikurichi Police Station, Ariyalur District +1 CC to Mr.C.Prabakaran, advocate sr 20297.

CRL.O.P.No.5326 of 2020 CA(CO) SP(20/03/2020) https://hcservices.ecourts.gov.in/hcservices/