Lenin v. The State Rep By The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.06.2020

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CRL.O.P.No.6835 of 2020 Lenin

...Petitioner

Vs The State rep by The Inspector of Police, Voimedu Police, Nagapattinam District

...Respondent

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the Principal District and Sessions Judge, Nagapattinam (Special Judge for SC/ST Prevention of Atrocities) to consider the bail application for the petitioner on the same day of his surrender in SC.No.4 of 2019 on the file of the Principal District and Sessions Judge, Nagapattinam. For Petitioner :

Mr.D.Arun For Respondent :

Mr.C.Raghavan, Government Advocate

O R D E R

This petition is filed for a direction to the Principal District and Sessions Judge, Nagapattinam (Special Judge for SC/ST Prevention of Atrocities) to consider the bail application for the petitioner on the same day of his surrender in SC.No.4 of 2019 on the file of the Principal District and Sessions Judge, Nagapattinam.

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 District and Sessions Judge, Nagapattinam (Special Judge for https://hcservices.ecourts.gov.in/hcservices/

SC/ST Prevention of Atrocities), to consider the petitioner's bail application, preferably on the same day of his surrender in connection with SC.No.4 of 2019 on the file of the Principal District and Sessions Judge, Nagapattinam 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 //True Copy// Sub Assistant Registrar lok To 1.The Inspector of Police, Voimedu Police, Nagapattinam District.

2.The Public Prosecutor, High Court, Madras.

3.Principal District and Session Judge, Nagapattinam (special Judge for SC/ST prevention of Atrocites) CRL.O.P.No.6835 of 2020 AK(CO) RN(05/06/2020) https://hcservices.ecourts.gov.in/hcservices/