Murugan v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 06.03.2019

CORAM

THE HONOURABLE Mr.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No. 5956 of 2019

01. Murugan

02. Chandrasekaran

03. Karthikeyan

04. Raja

05. Sasikumar

06. Pallavarayan

07. Chinnayan@Vaithiyanathan

08. Santhosh

09. Damothiran

10. Sathriyan

11. Prasanna

12. Baskar

13. Aripavadai@Aripavadairayan

14. Ilayaraja

15. Valayapathi

16. Rajesh

17. Veeramani

18. Ilayaraja

19. Sekar

20. Shanmugam

21. Mahalakshmi

22. Mageshwari

23. Savithri

24. Saraswathi

25. Sevanthi

26. Sathish ... Petitioners/Accused Vs State by Inspector of Police, Tiruvennainallur Police Station, Villupuram, Villupuram District.

(Crime No. 136 of 2019) ... Respondent/Complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to pass an order of direction, directing the Learned District & Sessions Judge, (Special Court under SC & ST Atrocities Act) at Villupuram, Villupuram District to accept the surrender of the petitioners herein concerned in Crime No.136 of 2019 on the file of Inspector of Police, Thiruvennainallur

Police Station, Villupuram, Villupuram District and consider the bail petition on the same day iteself.

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

O R D E R

This petition is filed for a direction to the Learned District & Sessions Judge, (Special Court under SC & ST Atrocities Act) at Villupuram, Villupuram District, to consider the petitioners' bail petition on the same day of their surrender in connection with Crime No.136 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 District & Sessions Judge, (Special Court under SC & ST Atrocities Act) at Villupuram, Villupuram District, to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Crime No.136 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(CS-VIII) //True copy// Sub Assistant Registrar ssr/kas

To

1. The Learned District & Sessions Judge, (Special Court under SC & ST Atrocities Act) Villupuram, Villupuram District.

2. Inspector of Police, Tiruvennainallur Police Station, Villupuram, Villupuram District.

Copy To : The Public Prosecutor, High Court, Madras. +1cc to Mr.K.Balu, Advocate SR.No.20588 Crl.O.P.No. 5956 of 2019 GMY(08/03/2019)