Periyasamy v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 27.05.2020

CORAM:

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.7932 of 2020 1.Periyasamy 2.Ajith @ Ajith Kumar 3.Gowtham Raj .. Petitioners /versus/ State Rep. by The Inspector of Police Nangavalli Police Station Salem District (Crime No.356 of 2020) .. Respondent Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, praying to direct the learned Principal District and Sessions Judge, Salem to accept the surrender of the petitioners and to consider the bail petition on the same day in Crime No.356 of 2020 on the file of the respondent police. For petitioners: Mr.M.Subash For Respondent : Mr.K.Prabhakar Addl. Public Prosecutor

O R D E R

(The case has been heard through video conference) This petition is filed for a direction to direct the learned Principal District and Sessions Judge, Salem to accept the surrender of the petitioners and to consider the bail petition on the same day in Crime No.356 of 2020 on the file of the respondent police.

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 the innocent persons, there shall be a direction the learned https://hcservices.ecourts.gov.in/hcservices/

Principal District and Sessions Judge, Salem, to consider the petitioners bail application, preferably on the same day of their surrender in connection with Crime No.356 of 2020 on the file of the respondent police and pass appropriate orders in accordance with law after affording due opportunity to the victims 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. Notice to the defacto complainant / victim to be served three days prior to the date of surrender and hearing.

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

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar kas To 1.The Principal District and Sessions Judge, Salem.

2.The Inspector of Police Nangavalli Police Station Salem District.

3.The Public Prosecutor High Court of Madras Chennai 600 104 Crl.O.P.7932 of 2020 SSI(CO) RMP(23/07/2020) https://hcservices.ecourts.gov.in/hcservices/