Madras High CourtCRL OP/6172/2020allowed

Jayaraman 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.6172 of 2020

1. Jayaraman

2. Nithish ... Petitioners/Accused 1&2 Vs The State represented by Inspector of Police, Ariyalur Police Station, Ariyalur.

(Crime No.63 of 2020) ... Respondent PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the Principal District and Sessions Judge, (Special Judge for SC & ST Act Cases), Ariyalur to consider the bail application of the petitioner concerned in Crime No.63 of 2020 on the file of the Inspector of Police, Ariyalur Police Station, Ariyalur on their surrender on the same day.

For Petitioners: Mr.C.Prabakaran For Respondent : Mr.M.Mohamed Riyaz, Additional Public Prosecutor.

O R D E R

This petition is filed for a direction to the learned Principal District and Sessions Judge, (Special Judge for SC & ST Act Cases), Ariyalur to consider the bail application of the petitioner concerned in Crime No.63 of 2020 on the file of the Inspector of Police, Ariyalur Police Station, Ariyalur on their surrender on the same day.

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

Principal District and Sessions Judge, (Special Judge for SC & ST Act Cases), Ariyalur, to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Crime No.63 of 2020 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 kv To

1. The Principal District and Sessions Judge, (Special Judge for SC & ST Act Cases), Ariyalur.

2. The Inspector of Police, Ariyalur Police Station, Ariyalur.

3. The Public Prosecutor, High Court, Madras. +1cc to Mr.C.Prabakaran, Advocate SR.23587 CRL.O.P.No.6172 of 2020 RV(CO) CB(18/03/2020) https://hcservices.ecourts.gov.in/hcservices/