Sethuraman v. The State Represented By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 04.03.2019

CORAM

THE HONOURABLE Mr.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No. 5656 of 2019 Sethu ... Petitioner Vs The State represented by Inspector of Police, Gingee Police Station, Gingee, Villupuram District (Crime No. 393 of 2015) ... Respondent PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to pass an order of direction, directing the Principal District and Sessions Judge, Villupuram (PCR cases) to consider the bail application of the petitioner concerned in Crime No.393 of 2015 on the file of Inspector of Police, Gingee Police Station, Gingee, Villupuram District on surrender on the same day on such terms and conditions.

For Petitioner : Mr.C.Prabakaran For Respondent : Mr.C.Raghavan Government Advocate (Criminal Side)

O R D E R

This petition is filed for a direction to the Principal District and Sessions Judge, Villupuram (PCR cases), to consider the petitioners' bail petition on the same day of their surrender in connection with Crime No.393 of 2015, 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 Principal District and Sessions Judge, Villupuram (PCR cases), to consider the petitioners' bail application, preferably on the same day of https://hcservices.ecourts.gov.in/hcservices/

their surrender in connection with Crime No. 393 of 2015 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-IV) //True Copy// Sub Assistant Registrar ssr/kas To 1.

The Principal District and Sessions Judge, Villupuram (PCR cases).

2.

The Inspector of Police, Gingee Police Station, Gingee, Villupuram District 3.

The Public Prosecutor, High Court, Madras.

+1 cc to Mr.C.Prabakaran, Advocate, S.R.No.20192 Crl.O.P.No. 5656 of 2019 BS(CO) SSM(05/03/2019) https://hcservices.ecourts.gov.in/hcservices/