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Madras High CourtCRL OP/7982/2020ordered

Palanivel v. The State Rep By

2020-05-28Honourable Mr Justice A.D.Jagadish Chandira2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 28.05.2020

CORAM:

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.7982 of 2020 Palanivel .. Petitioner/Accused /versus/ State Rep. by The Inspector of Police Nagapattinam Town Police Station, Nagapattinam (Crime No.617 of 2020) .. Respondent/Complainant Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, praying to direct the District and Sessions Judge, Nagapattinam to consider the bail application in Crime No.617 of 2020 on the very same day on the file of the respondent police.

For petitioner : Mr.M.Govindaraju 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 District and Sessions Judge, Nagapattinam to consider the bail petition in Crime No.617 of 2020 on the very same day 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 District and Sessions Judge, Nagapattinam, to consider the petitioner bail application, preferably on the same day of their surrender in connection with Crime No.617 of 2020 on the https://hcservices.ecourts.gov.in/hcservices/

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 petitioner 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/hearing of bail application.

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

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar kmm/ksa 2 To

1. The District and Sessions Judge, Nagapattinam.

2. The Public Prosecutor High Court of Madras Chennai 600 104

3. The Inspector of Police Nagapattinam Town Police Station, Nagapattinam Crl.O.P.7982 of 2020 MR(CO) KKV/11/06/2020 https://hcservices.ecourts.gov.in/hcservices/