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Madras High CourtCRL OP/9615/2020allowed

Minor E.Suriya v. The State Rep. By Inspector Of Police

2020-06-29Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.06.2020

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CRL.O.P.No.9615 of 2020 Minor E.Suriya S/o.Elumalai Represented by his mother and natural guardian Mrs.Sagunthala W/o.Elumalai, Mettu Street, Erungal Village, Cheyyar Taluk, Tiruvannamalai District.

... Petitioner/A1 Vs 1.State represented by The Inspector of Police, Anakkavoor Police Station, Tiruvannamalai District.

2.Velu S/o.Venkatesan Kulakkarai Street, Thavasi Village, Cheyyar Taluk, Tiruvannamalai District.

... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the learned Juvenile Justice Board, Tiruvannamalai, Tiruvannamalai District to consider the petitioner bail petition on the same day of his surrender before the Court in connection with Crime No.1118 of 2020 on the file of the Inspector of Police, Anakkavoor police station, Thiruvannamalai District.

For Petitioner : Mr.Sathiyaraj. E For Respondents: Mr.M.Mohamed Riyaz, Additional Public Prosecutor.

O R D E R

This petition is filed for a direction to the Juvenile Justice Board, Tiruvannamalai, Tiruvannamalai District, to consider the petitioner's bail petition on the same day of https://hcservices.ecourts.gov.in/hcservices/

his surrender in connection with Crime No.1118 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 persons, there shall be a direction to the Juvenile Justice Board, Tiruvannamalai, Tiruvannamalai District, to consider the petitioner's bail application, preferably on the same day of his surrender in connection with Crime No. 1118 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 //True Copy// Sub Assistant Registrar rri To

1. The Juvenile Justice Board, Tiruvannamalai, Tiruvannamalai District.

2.The Inspector of Police, Anakkavoor Police Station, Tiruvannamalai District.

3. The Public Prosecutor, High Court, Madras.

Crl.O.P.No.9615 of 2020 SSV(CO) CB(16/07/2020) https://hcservices.ecourts.gov.in/hcservices/