Madras High CourtCRL OP/7865/2019allowed

Vellankanni @ Arokiasamy v. The State Rep By Its,

2019-03-25Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.03.2019

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN CRL.O.P.No.7865 of 2019 Vellankanni (a) Arokiasamy ... Petitioner/Complainant Vs.

The State rep by Inspector of Police, Velampalayam Police Station, Tiruppur.

Crime No.871 of 2008 ... Respondent/Complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, to direct the learned Principal District Judge, Tiruppur to accept the surrender of the petitioner herein and consider the bail petition concerned in SPL.SC.No.20 of 2017 on the file of the learned Principal District Judge, Tiruppur on the same day itself.

For Petitioner : Ms.J.Franklin For Respondent : Mr.C.Raghavan, Government Advocate (Crl. Side)

O R D E R

This petition is filed for a direction to the Principle District Judge, Tiruppur to consider the petitioner's bail petition on the same day of their surrender in connection with Crime No.871 of 2008, 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 person, there shall be a direction to the Principle District Judge, Tiruppur to consider the petitioner's bail https://hcservices.ecourts.gov.in/hcservices/

application, preferably on the same day of their surrender in connection with Crime No. 871 of 2008 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 mpa/kas To 1.The Principal District Judge, Tiruppur 2.The Inspector of Police, Velampalayam Police Station, Tiruppur.

3.The Public Prosecutor, High Court, Madras.

+1 cc to Mr.J.Franklin, Advocate Sr.No.27940 CRL.O.P.No.7865 of 2019 RSV(CO) CSL/26.03.2019 https://hcservices.ecourts.gov.in/hcservices/