V.Ashokan v. The State Of Tamil Nadu,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.06.2020

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CRL.O.P.No.9141 of 2020 V.Ashokan, S/o.VellaiyaGounder, Chinnagoundampatti Village, Navalai Post, Harur Taluk, Dharmapuri District.

... Petitioners/Sole Accused Vs The State represented by The Inspector of Police, Kambainallur Police Station, Dharmapuri District (Crime No. 33 of 2020) ... Respondent/Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the Principal District cum Sessions Judge, Dharmapuri for prevention of SC/ST Artocities to accept the surrender of the petitioner in Crime No.33 of 2020 on the file of the Inspector of Police, Kambainallur Police Station, Dharmapuri District.

For Petitioner : Mr.J.Pradeep 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 cum Sessions Judge, Dharmapuri, to consider the petitioner's bail petition on the same day of his surrender in connection with Crime No.33 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) https://hcservices.ecourts.gov.in/hcservices/

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 cum Sessions Judge, Dharmapuri, to consider the petitioner's bail application, preferably on the same day of his surrender in connection with Crime No. 33 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.

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

Sd/- Assistant Registrar(CS-III) //True copy// Sub Assistant Registrar rst To

1. The Principal District cum Sessions Court, Dharmapuri

2. The Public Prosecutor, High Court, Madras. CRL.O.P.No.9141 of 2020 SR(CO) GMY(02/07/2020) https://hcservices.ecourts.gov.in/hcservices/