Madras High CourtCRL OP/9870/2020allowed

Venkatesan v. The State Rep By Its,

2020-07-02Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.07.2020

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN CRL.O.P.NO.9870 of 2020 Venkatesan, S/o, Muniyappan, D.No.2/347, Gurubarapalli Post, Krishnagiri District.

... Petitioner Vs.

The State rep by The Inspector of Police, All Women Police Station, Krishnagiri, Krishnagiri District.

... Respondent Prayer : Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the Special Court/Principal Sessions Court, Krishnagiri to consider the petitioner's bail petition on the same day of his surrender before the Court in connection with Crime No.04 of 2020 on the file of the respondent Police. For Petitioner : Mr.M.Jayachandran For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor

O R D E R

This petition is filed for a direction to the Special Court/Principal Sessions Court, Krishnagiri, to consider the petitioner's bail petition on the same day of his surrender in connection with Crime No.04 of 2020, since the offences are pertaining to the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amended Act, 2015.

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 Special Court/Principal Sessions Court, Krishnagiri, to consider the petitioner's bail application, preferably on the same day of his surrender in connection with Crime No. 04 of 2020 and pass 1/2 https://hcservices.ecourts.gov.in/hcservices/

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/- Asst.Registrar (CS III ) /true copy/ Sub Asst. Registrar mfa To 1.The Special Court/Principal Sessions Court, Krishnagiri District.

2.The Inspector of Police, All Women Police Station, Krishnagiri, Krishnagiri District.

3.The Public Prosecutor, High Court, Madras.

CRL.O.P.NO.9870 of 2020 mg(co) aa04/08/2020 2/2 https://hcservices.ecourts.gov.in/hcservices/