Madras High CourtCRL OP/8127/2020allowed

Thangamani 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. 8127 of 2020 Thangamani .. Petitioner/Sole Accused Vs The State represented by The Inspector of Police, Mecheri Police Station Salem District.

(Crime No. 622 of 2020) ... Respondent/Respondent PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the Principal Sessions Judge for PCR cases, Salem to consider the bail application filed by the petitioner on his surrender in connection with Crime No.622 of 2020 on the file of the respondent on the same day. For Petitioner : Mr.V.Sakkarapani For Respondent : Mr.M.Mohamed Riyaz, Additional Public Prosecutor.

O R D E R

This petition is filed for a direction to the Principal Sessions Judge for PCR cases, Salem, to consider the petitioner's bail petition on the same day of their surrender in connection with Crime No.622 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 Principal Sessions Judge for PCR cases, Salem, to consider the petitioner's bail application, preferably on the same day of their surrender in connection with Crime No.622 of 2020 and pass https://hcservices.ecourts.gov.in/hcservices/

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 Principal Sessions Judge, for PCR cases, Salem. 2.The Public Prosecutor, High Court, Madras.

3.The Inspector of Police,Mecheri Police Station,Salem District CRL.O.P.No. 8127 of 2020 JP(CO) GS(08/06/2020) https://hcservices.ecourts.gov.in/hcservices/