Gopi @ Manikandan v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.03.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.7354 of 2019 Gopi @ Manikandan ... Petitioner Vs.

State by the Inspector of Police All Women Police Station Namakkal Crime No.3 of 2019 ... Respondent PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to direct the Principal Sessions Court, (Special Judge for SC & ST (Prevention of Atrocities) Act), Namakkal to consider and dispose of the bail application of the petitioner on merits in connection with the case in Crime No.3 of 2019 on the file of the Inspector of Police, all Women Police Station, Namakkal on the same date of his surrender.

For Petitioner : Mr.R.Arundattan For Respondent : Mr.C.Raghavan Govt. Advocate (Crl. Side)

O R D E R

This petition is filed for a direction to the Principal Sessions Court, (Special Judge for SC & ST (Prevention of Atrocities) Act), Namakkal to consider and dispose of the bail application of the petitioner on merits in connection with the case in Crime No.3 of 2019 on the file of the Inspector of Police, all Women Police Station, Namakkal on the same date of his surrender.

2. In view of the specific bar under Section 18 of the Scheduled 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 Court, (Special Judge for SC & ST (Prevention of Atrocities) Act), Namakkal to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Crime No.3 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 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.

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3.In view of the above, the Criminal Original Petition stands allowed.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar To 1.The Principal Sessions Court, Namakkal(Special Judge for SC & ST Act Namakkal) 2.The Inspector of Police, All Women Police Station, Namakkal 3.The Public Prosecutor, High Court, Madras.

+1cc to Mr.R.Arundattan, Advocate sr.no.26534 Crl.O.P.No.7354 of 2019 nr 21/03/2019 https://hcservices.ecourts.gov.in/hcservices/