Madras High CourtCRL OP/7619/2020ordered

Jayabal v. State Rep By

2020-05-15Honourable Mr Justice N. Sathish Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.05.2020

CORAM

THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR CRL.O.P.No.7619 of 2020

1. Jayapal

2. Subash

3. Manikandan S/o Elumalai

4. Sivakumar

5. Selvamani

6. Pannir

7. Durai @ Durairaj

8. Manikandan S/o Latchumanan

9. Veerapathiran 10.Ranjith 11.Thirumal @ Thirumalpathy 12.Saravanan 13.Sudhakar 14.Chandru 15.Sivaraj 16.Sambamoorthy 17.Gobi @ Gobinath 18.Ramkumar 19.Rajkumar 20.Silambarasan ... Petitioners -VsState Rep.by its:

The Inspector of Police Thiruvennainallur Police Station, Villupuram District.

(Crime No.622 of 2020) ..Respondent PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the learned District Sessions Court/Special Court for PC Act and SC/ST Cases, Villupuram District, to consider the bail application of the petitioners on the same dayActlearned Principal District and Sessions Judge, Salem, to accept the surrender of the petitioners and to conciser the bail petition on the same day in Cr.No.622 of 2020 on the file of the respondent police.

For Petitioner : Mr. K.Thenrajan For Respondent : Mrs. Kiruthiga Kamal Government Advocate (Crl.side)

O R D E R

This petition is filed for a direction to the District Sessions Court/Special Court for PC Act and SC/ST Cases, Villupuram District, to consider the bail application of the petitioners on the same day in Cr.No.622 of 2020 under Section u/s. 147, 148, 294(b), 323, 324, 427, 506(ii), 307 of I.P.C. and 3(1)(r), 3(1)(s), 3(2)(va), 3(2)(v) of SC/ST Act, pending on the file of the respondent police, since the offences are pertaining to the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

2. Heard the learned Government Advocate (Criminal Side).

3. 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 learned District Sessions Judge, Special Court for PC Act and SC/ST Cases, Villupuram District, to consider the petitioners' bail application on the same day of their surrender in connection with Thiruvennainallur P.S.Cr.No.622 of 2020 and pass appropriate orders in accordance with law.

4. It appears that a case in counter has also been register in the group clash. Hence, it is made clear that the learned Sessions Judge, while considering the bail application, shall take into consideration the nature of dispute between the two groups and all the circumstances prevailing in the area and law and Order situation and pass Orders on merits.

4. With the above observations, the Criminal Original Petition is ordered.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar vrc/ggs

1. The Inspector of Police Thiruvennainallur Police Station, Villupuram District.

2. The Public Prosecutor, High Court, Madras.

CRL.O.P.No.7619 of 2020 AD(CO) KKV/10/06/2020