M.Ratnakumari v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.03.2022

CORAM

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA CRL.O.P.NO.6540 OF 2022 1.M.Ratnakumari 2.V.Ratnam

...Petitioners/Accused 1 & 2

Vs.

State: rep by The Station House Officer, PCR Cell, Puducherry.

(Crime No.5 of 2017).

...Respondent/Respondent

PRAYER: This Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the II Additional District and Sessions Judge at Puducherry to consider the bail petition of the petitioners on the same day of surrender and dispose of the same on merits and in accordance with law in (*)Crime No.5 of 2017 on the file of the respondent registered for the offence under Section 3(1) (r) (s) of Scheduled Caste and Schedule Tribe (Prevention of Atrocities) Act, 1989 as Amended Act, 2015 r/w sec.34 of IPC.

For Petitioners : Mr.K.Premkumar For Respondent : Mr.Balamurugane Public Prosecutor (Pondicherry)

O R D E R

This Criminal Original Petition has been filed seeking for a direction to the II Additional District and Sessions Judge at Puducherry to consider the bail petition of the petitioners on the same day of surrender and dispose of the same on merits and in accordance with law in (*)Crime No.5 of 2017 on the file of the respondent registered for the offence under Section3(1) (r) (s) of Scheduled Caste and Schedule Tribe (Prevention of Atrocities) Act, 1989 as Amended Act, 2015 r/w sec.34 of IPC.

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 learned II https://hcservices.ecourts.gov.in/hcservices/

Additional District and Sessions Judge at Puducherry, to consider the petitioners bail application, preferably on the same day of their surrender in connection with (*)Crime No.5 of 2017 on the file of the respondent police and pass appropriate orders in accordance with law, after affording due opportunity to the victims under Section 15-A of the SC/ST (POA) Act, 1989. 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(Digitization) (24/03/2022) * Corrected as per order of this court dated 06.04.2022 made in Crl.M.P.No.4290/2022 in Crl.O.P.No.6540/2022 Sd/- Assistant Registrar (CS-IV) (08/04/2022) //True Copy// Sub Assistant Registrar shk/sai To

1. The II Additional District and Sessions Judge at Puducherry

2. The Station House Officer, To be substituted PCR Cell, Puducherry. the order Already (Crime No.5 of 2017). Despatched on 25.03.2022

3. The Public Prosecutor, High Court of Madras.

+1cc to Mr.K.Premkumar, Advocate, S.R.No.23568 Crl.O.P.No.6540 of 2022 NMI(CO) RLP(24/03/2022) MG(CO) RGA(11/04/2022) https://hcservices.ecourts.gov.in/hcservices/