Manju v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.03.2019

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CRL.O.P.No.6045 of 2019 Manju ... Petitioner Vs The State by The Inspector of Police, Denkanikottai Police Station, Krishnagiri District, (Crime No.5 of 2019) ... Respondent PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the Learned Principal District cum Sessions Judge, Krishnagiri to consider and pass orders on the bail application on the same in the event of the petitioner surrendering before the Court and filing bail application in connection with Crime No.5 of 2019 on the file of the respondent police.

For Petitioner : Mr.S.Kumaresan For Respondent : Mr.C.Raghavan Government Advocate (Crl. Side)

O R D E R

This petition is filed for a direction to the learned Principal District cum Sessions Judge, Krishnagiri, to consider the petitioner's bail petition on the same day of her surrender in connection with Crime No.5 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 cum Sessions Judge, Krishnagiri, to consider the petitioner's bail application, preferably on the same day of her surrender in connection with Crime No. 5 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 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. https://hcservices.ecourts.gov.in/hcservices/

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

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

1. The learned Principal District cum Sessions Judge, Krishnagiri.

2. The Inspector of Police, Denkanikottai Police Station, Krishnagiri District, (Crime No.5 of 2019)

3. The Public Prosecutor, High Court, Madras.

+1cc to Mr. S.Kumaresan, Advocate SR.No. 21746 CRL.O.P.No. 6045 of 2019 A.SK(11/03/2019) https://hcservices.ecourts.gov.in/hcservices/