Mohan Poosari v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:01.04.2019

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CRL.O.P.No.8737 of 2019 1.Mohan Poosari 2.Murali ... Petitioners Vs 1.The Superintendent of Police, Thiruvallur District.

2.The State rep. by its Inspector of Police, Kanakkamma Chathram Police Station, Thiruvallur District.

... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the learned Principal District and Sessions Judge, Thiruvallur, to accept the surrender of the petitioners and consider the bail petition on the same day in Crime No.242/2010 on the file of the 2nd respondent herein.

For Petitioners : Mr.M.Rajinikanth For Respondents : Mr.M.Mohamed Riyaz, Additional Public Prosecutor.

O R D E R

This petition is filed for a direction to the learned Principal District and Sessions Judge, Thiruvallur, to consider the petitioners' bail petition on the same day of their surrender in connection with Crime No.242 of 2010, 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 learned Principal District and Sessions Judge, Thiruvallur, to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Crime No. 242 of 2010 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 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. https://hcservices.ecourts.gov.in/hcservices/

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

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

1. The learned Principal District and Sessions Judge, Thiruvallur.

2.The Public Prosecutor, High Court, Madras.

+1cc to Mr.M.Rajinikanth , Advocate SR.No. 30981 CRL.O.P.No.8737 of 2019 A.SK(02/04/2019) https://hcservices.ecourts.gov.in/hcservices/