Madras High CourtCRL OP/8729/2019allowed

Uthaya @ Uthaya Kumar v. The Inspector Of Police

2019-04-01Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 01.04.2019

CORAM

THE HONOURABLE Mr.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.8729 of 2019 Udhaya @ Udhaya Kumar ... Petitioner Vs The State rep. By The Inspector of Police, Uthiramerur Police Station, Kanchiuram District.

(Crime No. 56 of 2019) ... Respondent PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the Hon'ble Principal District and Sessions Judge, Chengalpattu to consider the bail application on the same day upon petitioner's surrender in Crime No.56 of 2019 on the file of respondent police.

For Petitioner : Mr.D.Devendran For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor.

O R D E R

This petition is filed for a direction to the Principal District and Sessions Judge, Chengalpattu, to consider the petitioners' bail petition on the same day of their surrender in connection with Crime No.56 of 2019, 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 District and Sessions Judge, Chengalpattu, to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Crime No. 56 of 2019 and pass appropriate orders in accordance with law after affording due opportunity to the victim under Section 15(a) of the SC/ST Act. https://hcservices.ecourts.gov.in/hcservices/

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.

Sd/- Assistant Registrar (CS-V) //True Copy// Sub Assistant Registrar ssr/rri To

1. The Principal District and Sessions Judge, Chengalpattu.

2. The Inspector of Police, Uthiramerur Police Station, Kanchiuram District

3. The Public Prosecutor, High Court, Madras.

+1cc to Mr.D.Devendran, Advocate, S.R.No.30733 Crl.O.P.No.8729 of 2019 PMS(CO) SSM(02/04/2019).

https://hcservices.ecourts.gov.in/hcservices/