Madras High CourtCRL OP/7654/2020dismissed with direction

Annadurai v. State Rep. By

2020-05-18Honourable Mr Justice A.D.Jagadish Chandira2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 18.05.2020

CORAM:

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.7654 of 2020 1.Annadurai, S/o.Viswananthan 2.Velmurugan, S/o.Nagesh 3.Ezhumalai @ Ravishankar, S/o.Kanjamalai .. Petitioners /versus/ 1.State rep. by The Inspector of Police, Veppur Police Station, Cuddalore District.

(Crime No.326 of 2020) .. Respondent Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, praying to direct the Principal district and Sessions Judge, Cuddalore (Special Judge for SC & St Act Cases) to consider the petitioners bail petition to be filed on the same day on their surrender in Crime No.326 of 2020 pending on the file of the respondent.

For petitioners: Mr.S.N.Arunkumar For Respondent : Mr.K.Prabhakar, Addl Public Prosecutor

O R D E R

This petition is filed for a direction to direct the learned Principal district and Sessions Judge, Cuddalore (Special Judge for SC & St Act Cases) to consider the bail petition of the petitioners on the same day of surrender and dispose the same on merits and in accordance with law in Crime No.326 of 2020 on the file of the respondent police.

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2. In view of the specific bar under Section 18 of the Sheduled 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 the innocent persons, there shall be a direction to the learned Principal district and Sessions Judge, Cuddalore (Special Judge for SC & St Act Cases), to consider the petitioners bail application, preferably on the same day of their surrender in connection with Crime No.326 of 2020 on the file of the respondent police 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, this Criminal Original Petition stand allowed.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar rpl To 1.The Principal district and sessions Judge, Cuddalore. (Special Judge for SC & ST Act cases) 2.The Inspector of Police, Veppur Police Station, Cuddalore District.

3.The Public Prosecutor, High Court, Madras.

Crl.O.P.7654 of 2020 LN(CO) RMP(23/07/2020) https://hcservices.ecourts.gov.in/hcservices/