Madras High CourtCRL OP/6221/2019ordered

R.Durai Mannan v. The State Rep By Its,

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. 6221 of 2019 R.Durai Mannan ... Petitioner Vs The State, rep by, The Inspector of Police, Kadaladi Police Station, Kadaladi, Tiruvannamalai District.

(Crime No. 505 of 2018) ... 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 Court, Tiruvannamalai to consider the bail application of the petitioner, to be filed, in Crime No.505 of 2018 pending on the file of the respondent. For Petitioner : Mr.B.Jawahar For Respondent : Mr.C.Raghavan Government Advocate (Criminal Side)

O R D E R

This petition is filed for a direction to the Principal Sessions Court, Tiruvannamalai, to consider the petitioners' bail petition on the same day of their surrender in connection with Crime No.505 of 2018, 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 Court, Tiruvannamalai, to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Crime No.505 of 2018 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.

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

3. In view of the above, the Criminal Original Petition stands allowed.

Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar ssr/at To

1. The Principal Sessions Court, Tiruvannamalai.

2. The Inspector of Police, Kadaladi Police Station, Kadaladi, Tiruvannamalai District.

3. The Public Prosecutor, High Court, Madras.

+1cc to Mr. B.Jawahar, Advocate SR.No. 22264 Crl.O.P.No. 6221 of 2019 A.SK(11/03/2019) https://hcservices.ecourts.gov.in/hcservices/