Madras High CourtCRL OP/8126/2020allowed

A.Anbazhagan v. State Rep By

2020-06-04Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.06.2020

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CRL.O.P.No. 8126 of 2020

1. A.Anbazhagan

2. R.Ravishankar

3. K.Radha @ Radhakrishnan .. Petitioners/Accused Vs State represented by The Inspector of Police, Karipatti Police Station, Salem District (Crime No. 331 of 2020) ... Respondent PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the District and Session Judge (Special Judge for SC/ST Atrocities Act) Salem to accept the surrender of petitioners and consider the bail application on the same day in respect of Crime No.331/2020 on the file of Inspector of Police, Karipati Police Station, Salem District. For Petitioners: Mr.D.Rajagopal For Respondent : Mr.M.Mohamed Riyaz, Additional Public Prosecutor.

O R D E R

This petition is filed for a direction to the District and Session Judge (Special Judge for SC/ST Atrocities Act) Salem, to consider the petitioners' bail petition on the same day of their surrender in connection with Crime No.331 of 2020, 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 District and https://hcservices.ecourts.gov.in/hcservices/

Session Judge (Special Judge for SC/ST Atrocities Act) Salem, to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Crime No. 331/2020 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 //True Copy// Sub Assistant Registrar adl To 1.The District and Session Judge(Special Judge for SC/ST Atrocities Act), Salem.

2.The Public Prosecutor, High Court, Madras.

3.The Inspector of Police, Karipatti Police Station,Salem District CRL.O.P.No. 8126 of 2020 JP(CO) GS(08/06/2020) https://hcservices.ecourts.gov.in/hcservices/