R.Mallikarjunanaidu v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.07.2020

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CRL.O.P.No. 9872 of 2020

1. R.Mallikarjunanaidu S/o. Neelanathan

2. Venugopal Rakur S/o. R.Mallikarjunanaidu Both are residing at No.3/58, E.N.Kandigai, Cherukkanur, Thiruttani, Thiruttani Taluk - 631 206.

Thiruvallur District.

... Petitioners Vs

1. The Superintendent of Police, Cuddalore District.

2. State represented by Inspector of Police, Pudupettai Police Station, Cuddalore District.

(Crime No.607 of 2020) ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the petitioners to surrender before the Principal District Sessions Judge, Cuddalore, the Principal District Sessions Judge, Cuddalore to accept the surrender and consider the bail petition on the same day in Crime No.607 of 2020 on the file of the second respondent herein. For Petitioners: Mr.C.Chokkalingam For Respondents: Mr.M.Mohamed Riyaz, Additional Public Prosecutor.

O R D E R

This petition is filed for a direction to the Special Court/Principal District Sessions Judge, Cuddalore, to consider the petitioners' bail petition on the same day of their https://hcservices.ecourts.gov.in/hcservices/

surrender in connection with Crime No.607 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 Special Court/Principal District Sessions Judge, Cuddalore, to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Crime No.607 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 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.

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

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar dh To

1. The Principal District Sessions Court, Cuddalore.

2. The Inspector of Police, Pudupettai Police Station, Cuddalore District.

3. The Public Prosecutor, High Court, Madras.

CRL.O.P.No.9872 of 2020 vg II[co] srg 14/07/2020 https://hcservices.ecourts.gov.in/hcservices/