Madras High CourtCRL OP/6150/2020allowed

Mohanraj v. The State Rep By

2020-03-17Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.03.2020

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CRL.O.P.No.6150 of 2020 Mohanraj ... Petitioner Vs

1. The State rep by The Inspector of Police, Anaicut Police Station, Kancheepuram District, Crime No.31 of 2020

2. Gobu ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the learned Principal Sessions Judge, Special Court for SC/ST POA Act, Chengalpattu to consider the bail application to be filed by the petitioner after his surrender in Crime No.31 of 2020 on the file of the first respondent, on the same day of filing.

For Petitioner : Mr.G.Mageshkumar For Respondents: Mr.M.Mohamed Riyaz, Additional Public Prosecutor for R1

O R D E R

This petition is filed for a direction to the learned Principal Sessions Judge, Special Court for SC/ST POA Act, Chengalpattu to consider the bail application to be filed by the petitioner after his surrender in Crime No.31 of 2020 on the file of the first respondent, on the same day of filing.

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 person, there shall be a direction to the Principal Sessions Judge, Special Court for SC/ST POA Act, Chengalpattu, to consider the petitioner's bail application, preferably on the same day of his surrender in connection with Crime No.31 of 2020 https://hcservices.ecourts.gov.in/hcservices/

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 petitioner 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 kv To

1. The Principal Sessions Judge, Special Court for SC/ST POA Act, Chengalpattu

2. The Inspector of Police, Anaicut Police Station, Kancheepuram District.

3. The Public Prosecutor, High Court, Madras. +1cc to Mr.G.Mageshkumar, Advocate SR.No.23648 CRL.O.P.No.6150 of 2020 BS(CO) GMY(18/03/2020) https://hcservices.ecourts.gov.in/hcservices/