Madras High CourtCRL OP/10433/2020allowed

Seenuvasan v. State By Inspector Of Police

2020-07-10Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:10.07.2020

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CRL.O.P.No.10433 of 2020 Seenuvasan M/20 yrs, S/o.Ramesh, Melsozolankuppam Village, Kalasapakkam Taluk, Tiruvannamalai District.

... Petitioner/Accused No.8 Vs State represented by The Inspector of Police, Kadaladi Police Station, Tiruvannamalai District (Crime No. 335 of 2017) ... Respondent/Complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the Special Court for PCR Cases, Thiruvannamalai to consider the bail application of the petitioner on the same day of the surrender of the petitioner in Crime No.335 of 2017 on the file of the respondent Police. For Petitioner : Mr.B.Mahendra Naidu For Respondent : Mr.Karthikeyan Additional Public Prosecutor.

O R D E R

This petition is filed for a direction to the Special Court for PCR Cases, Thiruvannamalai, to consider the petitioner's bail petition on the same day of his surrender in connection with Crime No.355 of 2017, 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 person, there shall be a direction to the Special Court for PCR Cases, Thiruvannamalai, to consider the petitioner's https://hcservices.ecourts.gov.in/hcservices/

bail application, preferably on the same day of his surrender in connection with Crime No. 335 of 2017 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 mpa To

1. The Special Court for PCR cases, Thiruvannamalai.

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

3. The Public Prosecutor, High Court, Madras. CRL.O.P.No.10433 of 2020 VGII(CO) GS(29/07/2020) https://hcservices.ecourts.gov.in/hcservices/