Jambulingam v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.03.2019

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN CRL.O.P.No.6735 of 2019 1.Jambulingam 2.Vijayakanth ... Petitioners Vs.

The State rep by Inspector of Police, Ulundurpet Police Station, Villupuram.

Crime No.99 of 2019

...Respondent

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, to direct the learned *Special District and Sessions Judge SC & ST(POA), Villupuram to consider the bail application sympathetically and pass orders on merits on the same day on the petitioners surrender in connection with crime No.99 of 2019 pending before the respondent police.

For Petitioners: Mr.R.Poornima For Respondent : Mr.C.Raghavan, Government Advocate (Crl. Side)

O R D E R

This petition is filed for a direction to the *Special District and Sessions Judge SC & ST(POA), Villupuram to consider the petitioners' bail petition on the same day of their surrender in connection with Crime No.99 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 *Special District and Sessions Judge SC & ST(POA), Villupuram to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Crime No. 99 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 https://hcservices.ecourts.gov.in/hcservices/

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 *Amended as per order of this court dt 05/04/19 in Crl.MP.4904/19 in Crl.Op.6735/19 //True Copy// Sub Assistant Registrar mpa/lpp To 1.*Special District and Sessions Judge SC & ST(POA), Villupuram 2.The Inspector of Police, Amended order to be substituted Ulundurpet Police Station, to the order already despatched on Villupuram.

16/03/2019 3.The Public Prosecutor, High Court, Madras.

+1cc to M/s.R.Poornima, Advocate, S.R.No.23679 CRL.O.P.No.6735 of 2019 rrs 14/03/2019 nr 10/04/2019 https://hcservices.ecourts.gov.in/hcservices/