Madras High CourtCRL OP/7248/2019ordered

Viswanathan v. The State Rep By Its,

2019-03-19Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.03.2019

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN CRL.O.P.No.7248 of 2019 Viswanathan ... Petitioner/Accused - 7 Vs.

State rep by Inspector of Police, Arakandanallur Police Station, Villupuram District.

Crime No.100 of 2019 ... Respondent/Complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, to direct the Principal Sessions Court for SC/ST Cases Villupuram to consider and pass orders on the bail application on the same day in the event of the petitioner surrendering before the Court and filling bail application in connection with Cr.No.100 of 2019.

For Petitioner : Mr.S.Kumaresan For Respondent : Mr.C.Raghavan, Government Advocate (Crl. Side)

O R D E R

This petition is filed for a direction to the Principal Sessions Judge, Villupuram, to consider the petitioners bail petition on the same day of his surrender in connection with Crime No.100 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 Principal Sessions Judge, Villupuram, to consider the petitioner's bail application, preferably on the same day of his surrender in connection with Crime No. 100 of 2019 and pass appropriate https://hcservices.ecourts.gov.in/hcservices/

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 To 1.The Principal Sessions Judge, Villupuram.

2.The Inspector of Police, Arakandanallur Police Station, Villupuram District.

3.The Public Prosecutor, High Court Madras.

+1 cc to Mr.S.Kumaresan, Advocate Sr.No.25776 CRL.O.P.No.7248 of 2019 SSD(CO) CSL/20.03.2019 https://hcservices.ecourts.gov.in/hcservices/