Madras High CourtCRL OP/8198/2020allowed

Udhayakumar 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. 8198 of 2020 Udhayakumar, M/30 years, S/o. Parasuraman, No.1, Mariamman Koil Street, Chinnasevali, Villupuram, T.Edayar, Tamil Nadu-607 203.

... Petitioner Vs State represented by The Sub-Inspector of Police, Tiruvennainallur Police Station, Villupuram.

(Crime No. 624 of 2020) ... Respondent PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the learned Judicial Magistrate-II, Ulundurpet to consider the petitioner's bail petition on the same day of their surrender before the Court in connection with Crime No.624 of 2020 dated 08.05.2020 on the file of the respondent Police.

For Petitioners: Mr.E.Anbarasan For Respondent : Mr.M.Mohamed Riyaz, Additional Public Prosecutor

O R D E R

This petition is filed for a direction to the learned Judicial Magistrate-II, Ulundurpet, to consider the petitioner's bail petition on the same day of his surrender in connection with Crime No.624 of 2020 dated 08.05.2020, 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 learned Judicial Magistrate-II, Ulundurpet, to consider the petitioner's bail application, preferably on the same day of his surrender in connection with Crime No. 624 of 2020 and pass appropriate 1/2 https://hcservices.ecourts.gov.in/hcservices/

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.

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 learned Judicial Magistrate-II, Ulundurpet. 2.The Sub Inspector of Police Thiruvennainallur Police Station Villupuram

3. The Public Prosecutor, High Court, Madras. CRL.O.P.No. 8198 of 2020 nmi(co) aa08/06/2020 2/2 https://hcservices.ecourts.gov.in/hcservices/