Madras High CourtCRL OP/7546/2019allowed

Dinesh v. The Inspector Of Police

2019-03-20Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.03.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CRL.O.P.No.7546 of 2019 1.Dinesh 2.Ajith 3.Murugadoss 4.Dinagaran ... Petitioners/Accused 1 to 4 Vs The State Rep. by The Inspector of Police, Bahour Police Station, Pondycherry Crime No.0034/2019 ... Respondent PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the learned Principal Sessions Judge, Pondycherry to consider the bail application in Crime No.0034 of 2019 on the very same day on the file of the Respondent Police. For Petitioner : Mr.Giri Rajan E.

For Respondent : Mr.V.Balamurugane, Additional Public Prosecutor (Pondy.)

O R D E R

This petition has been filed for a direction to learned Principal Sessions Judge, Pondicherry, to consider the bail application on the same day of their surrender in connection with in Crime No.0034 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, Pondicherry, to consider the petitioners' bail application, preferably on the same day of their surrender in https://hcservices.ecourts.gov.in/hcservices/

connection with Crime No.0034 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.

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

Sd/- Assistant Registrar (CS-I) //True Copy// Sub Assistant Registrar pam To 1.The Principal Sessions Judge, Pondicherry.

2.The Public Prosecutor, Pondycherry.

3.The Inspector of Police, Bahour Police Station, Pondicherry.

+1cc to Mr.E.Girirajan, Advocate, S.R.No. 27260 +1cc to The Public Prosecutor(Pondy) , S.R.No.27118 CRL.O.P.No.7546 of 2019 GN(25/03/2019) https://hcservices.ecourts.gov.in/hcservices/