Madras High CourtCRL OP/8158/2020allowed

Sivakumar v. State Rep By

2020-06-05Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.06.2020

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.8158 of 2020 Sivakumar @ Kumar

...Petitioner

Vs.

The State represented by The Inspector of Police, Manalmedu Police Station, Nagapattinam District.

...Respondent

PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the Principal Sessions Judge, Nagapattinam to consider the bail application filed by the petitioner on his surrender in connection with Crime No.663 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

ORDER

This petition is filed for a direction to the Principal Sessions Judge, Nagapattinam to consider the petitioner's bail petition on the same day of his surrender in connection with Crime No.663 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 person, there shall be a direction to the Principal Sessions Judge, Nagapattinam, to consider the petitioner's bail application, preferably on the same day of their surrender in connection with Crime No. 663 of 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 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.

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

-s/d- Assistant Registrar True Copy Sub-Assistant Registrar mpa To

1. The Principal Sessions Judge, Nagapattinam.

2. The Inspector of Police, Manalmedu Police Station, Nagapattinam District.

3. The Public Prosecutor, High Court, Madras.

Crl.O.P.No.8158 of 2020 mg(co) aa17/07/2020 2/2 https://hcservices.ecourts.gov.in/hcservices/