Arjunan v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.07.2020

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CRL.O.P.No.10232 of 2020 Arjunan ... Petitioner Vs State by Inspector of Police, Vettavalam Police Station, Thiruvannamalai District.

(Crime No.78 of 2020) ... Respondent PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the learned Sessions Judge, (Special Court for Exclusive Trial of Cases registered under the SC/ST Prevention of Atrocities Act), 1989 Thiruvannamalai District to accept the surrender of the petitioner herein concerned in Crime No.78 of 2020 on the file of the Inspector of Police, Vettavalam Police Station, Thiruvannamalai District and consider the bail petition on the same day itself.

For Petitioner : Mr.K.Balu For Respondent : Mr.S.Karthikeyan, Additional Public Prosecutor.

O R D E R

This petition is filed for a direction to the learned Sessions Judge, (Special Court for Exclusive Trial of Cases registered under the SC/ST Prevention of Atrocities Act), 1989 Thiruvannamalai District, to consider the petitioners' bail petition on the same day of their surrender in connection with Crime No.78 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 https://hcservices.ecourts.gov.in/hcservices/

Parliament against innocent persons, there shall be a direction to the learned Sessions Judge, (Special Court for Exclusive Trial of Cases registered under the SC/ST Prevention of Atrocities Act), 1989 Thiruvannamalai District, to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Crime No.78 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 kv To

1. The Sessions Judge, (Special Court for Exclusive Trial of Cases registered under the SC/ST Prevention of Atrocities Act), 1989 Thiruvannamalai District.

2. The Inspector of Police, Vettavalam Police Station, Thiruvannamalai District.

3. The Public Prosecutor, High Court, Madras. CRL.O.P.No.10232 of 2020 MP(CO) CB(06/08/2020) https://hcservices.ecourts.gov.in/hcservices/