Madras High CourtCRL OP/6826/2019allowed

Lenin v. The State Rep By Its,

2019-03-14Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 14.03.2019

CORAM

THE HONOURABLE Mr.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No. 6826 of 2019 Lenin ... Petitioner Vs.

State rep by its The Inspector of Polcie, Vedaranyam Police Station, Vedaranyam, Nagapattinam District.

(Crime No. 56 of 2019) .. Respondent Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to pass an order or direction directing the learned Sessions Judge under SC & ST (P.A) Act, Nagapattinam, to consider the bail application of the petitioner on his surrender on the same day Crime No.56 of 2019 pending on the file of the Inspector of Police, Vedaranyam Police Station, Vedaranyam, Nagapattinam District on the same day. For Petitioner : Mr.M.Senthilkumar For Respondent : Mr.C.Raghavan Govt. Advocate (Crl.Side)

O R D E R

This petition is filed for a direction to the Principle Sessions Judge, Nagapattinam, to consider the petitioner's bail petition on the same day of their surrender in connection with Crime No.56 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 Principle Sessions Judge, Nagapattinam to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Crime No. 56 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 https://hcservices.ecourts.gov.in/hcservices/

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 vsn To 1.The Principal Sessions Judge, SC and ST (PA) Act, Nagapattinam.

2.The Inspector of Police, Vedaranyam Police Station, Vedaranyam, Nagapattinam District.

3.The Public Prosecutor, High Court, Madras.

+1cc to Mr.M.Senthilkumar, Advocate, S.R.No.26696(21/03/2019) Crl.O.P.No. 6826 of 2019 RSY(CO) rrs 15/03/2019 https://hcservices.ecourts.gov.in/hcservices/