Saravanakumar v. The Union Territory Of Puducherry Rep By The

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.03.2020

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CRL.O.P.No. 5709 of 2020

1. Saravanakumar

2. Ganapathy @ Selvaganapathy

3. Gowri

4. Rajendiran ... Petitioners/A1 to 4 Vs The Union Territory of Puducherry Rep By the The Station House Officer, PCR Cell Police Station, Puducherry.

Cr.No. 23 of 2019 ... Respondent PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the II Additional Sessions Judge cum Special Judge (Preventions of Atrocities Ac, 1989), Puducherry to consider the petitioners surrender and pass appropriate orders on the bail application filed by the petitioners on the same day in connection with Crime No. 23 of 2009 pending on the file of the Station House Officer, PCR Cell Police Station, Puducherry.

For Petitioners: Mr.V.S.Senthilkumar For Respondent : Mr.V.Balamurugan (APP) Additional Public Prosecutor, Puducherry

O R D E R

This petition is filed for a direction to the II Additional Sessions Judge cum Special Judge (Prevention of Atrocities Act, 1989), Puducherry, to consider the petitioners' bail petition on the same day of their surrender in connection with Crime No.23 of 2019, since the offences are pertaining to the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

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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 II Additional Sessions Judge cum Special Judge, Puducherry, to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Crime No. 23 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 III) //True Copy// Sub Assistant Registrar kmm To

1. The II Additional Sessions Judge cum Special Judge, Puducherry.

2. The Station House Officer, The Union Territory of Puducherry, PCR Cell Police Station, Puducherry.

3. The Public Prosecutor, High Court, Madras.

+1cc to Mr.V.S.Senthil kumar, Advocate Sr.23103 +1cc to the Public prosecutor, Advocate Sr.23315 CRL.O.P.No.5709 of 2020 kj[co] srg 15/07/2020 https://hcservices.ecourts.gov.in/hcservices/