Jayan v. The State Rep By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.03.2019

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CRL.O.P.No.5795 of 2019 1.Jayan 2.Manikandan 3.Kumar 4.Palani 5.Silambarasan 6.Sathyaraj @ Sakthi 7.Tamilselvan 8.Prakash 9.Suriya ... Petitioners Vs State represented by The Inspector of Police, Pachal Police Station, Tiruvannamalai District.

Crime No.82 of 2019 ... Respondent PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the Learned Principal Sessions Judge, Tiruvannamalai/The Special Court Tiruvannamalai, Tiruvannamalai District to consider the bail application of the petitioner herein on the everyday of surrender pertaining to the Crime No.82 of 2019 on the file of the Pachal Police Station, Tiruvannamalai.

For Petitioners: Mr.S.Panneerselvam 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 Sessions Judge, Tiruvannamalai, to consider the petitioners' bail petition on the same day of their surrender in connection with Crime No.82 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 Sessions Judge, Tiruvannamalai, 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. 82 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 learned Principal Sessions Judge, Tiruvannamalai.

2.The Inspector of Police, Pachal Police Station, Tiruvannamalai Dt.

(Crime No. 82 of 2019) 3.The Public Prosecutor, High Court, Madras.

+1cc to Mr.S.Panneerselvam, Advocate, S.R.No.20414 CRL.O.P.No. 5795 of 2019 PM(CO) rrs 06/03/2019 https://hcservices.ecourts.gov.in/hcservices/