Madras High CourtCRL OP/6332/2019ordered

Prem @ Premkumar v. The Inspector Of Police

2019-03-08Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 08.03.2019

CORAM

THE HONOURABLE Mr.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No. 6332 of 2019

01. Prem @ Premkumar

02. Arul

03. Thyagu @ Thiyagarajan

04. Elumalai

05. Balaji

06. Prasanth

07. Ramadoss

08. Seenuvasan

09. Raji Surutai

10. Kuttiappan

11. Senthil

12. Jeeva

13. Hariraman @ Nondai

14. Sathish @ Sathishkumar

15. Raja

16. Rajendran

17. Elumalai

18. Thoppu Nataraj @ Natarajan ... Petitioners Vs The Inspector of Police, E-5 Koovathur Police Station, Kancheepuram District.

(Crime No.113 of 205) ... Respondent PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to pass an order of direction, to direct the Principal Sessions Judge at Chengalpet, to consider the bail application on the same day merits on the surrender of the Petitioners/Accused in connection with Crime No.113 of 2015 on the file of the respondent police.

For Petitioners :Mr.L.Ramu For Respondent :Mr.C.Raghavan Government Advocate (Criminal Side) https://hcservices.ecourts.gov.in/hcservices/

O R D E R

This petition is filed for a direction to the Principal Sessions Judge at Chengalpet, to consider the petitioners' bail petition on the same day of their surrender in connection with Crime No.113 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 Sessions Judge at Chengalpet, to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Crime No.113 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 //True Copy// Sub Assistant Registrar ssr/at To

1. The Principal Sessions Judge, Chengalpet.

2. The Inspector of Police, E-5 Koovathur Police Station, Kancheepuram District.

3. The Public Prosecutor, High Court, Madras.

+1 cc to Mr.L.Ramu, Advocate, S.R.No.22366 Crl.O.P.No. 6332 of 2019 SSM(11/03/2019) https://hcservices.ecourts.gov.in/hcservices/