Madras High CourtCRL OP/9195/2019disposed of

Karthi@Palanivel v. State Rep By Its

2019-04-05Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.04.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.9195 of 2019 Karthi@ Palanivel ..Petitioner/Accused 1 Vs.

State rep by its:

Inspector of Police, Nannilam Police Station, Tiruvarur.

(Crime No.122/2019)

...Respondent/Complainant

PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to pass an order of direction, directing the learned Ist Additional District and Sessions Judge (PCR) at Thanjavur, to consider the bail application on the same day of the petitioner in connection with Crime No.122 of 2019 on the file of the respondent police. For Petitioner : Mr.D.Padmanabhan For Respondent : Mr.C.Raghavan Govt. Advocate (Crl. Side)

O R D E R

This petition is filed for a direction to the learned Ist Additional District and Sessions Judge (PCR) at Thanjavur, to consider the bail application on the same day of the petitioner in connection with Crime No.122 of 2019 on the file of the respondent police.

2. In view of the specific bar under Section 18 of the Scheduled 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 Ist Additional District and Sessions Judge (PCR) at Thanjavur, to consider the petitioners' bail application, preferably on the https://hcservices.ecourts.gov.in/hcservices/

same day of their surrender in connection with Crime No.122 of 2019 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.

vsn/mpa Assistant Registrar //True Copy// Sub Assistant Registrar To

1. The I Addl.District and Sessions Judge, (PCR), Thanjavur.

2.The Inspector of Police, Nannilam Police Station, Tiruvarur.

3.The Public Prosecutor, High Court, Madras.

+1cc to Mr.D.Padmanabhan, Advocate, SR.No.33276 Crl.O.P.No.9195 of 2019 Kak(08/04/2019) https://hcservices.ecourts.gov.in/hcservices/