Sathish @ Sathishkumar v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.08.2020

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.11948 of 2020 1.Sathish @ Sathishkumar 2.Kanniappan

...Petitioners/Accused A1,A4

Vs.

The Inspector of Police Kilkodungalore Police Station Tiruvannamalai District.

(Crime No.1110/2020) ...Respondent/Complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the Principal District Sessions Judge, Tiruvannamalai (Special Court for SC/ST, POA Act Cases), to consider the petitioners bail petition in connection with Crime No.1110 of 2020 on the file of the Inspector of Police, Kilkodungalore Police Station, Tiruvannamalai District, on the same day of their surrender.

For Petitioners : Mr.T.Y.G.Kartheeban For Respondent : Mr.S.Karthikeyan Additional Public Prosecutor.

O R D E R

This petition is filed for a direction to the Principal District Sessions Judge (Special Court for SC/ST, POA Act cases), Tiruvannamalai, to consider the petitioners bail petition on the same day of their surrender in connection with Crime No.1110 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 Principal District Sessions Judge (Special Court for SC/ST, POA Act cases), Tiruvannamalai, to consider the petitioners bail application, preferably on the same day of their surrender in connection with Crime No. 1110 of 2020 and pass appropriate https://hcservices.ecourts.gov.in/hcservices/

orders in accordance with law after affording due opportunity to the victims 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 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 To 1.The Principal District Sessions Judge (Special Court for SC/ST, POA Act cases), Tiruvannamalai.

2.The Inspector of Police Kilkodungalore Police Station Tiruvannamalai District.

3.The Public Prosecutor High Court of Madras.

+1cc to Mr.TVG.Kartheeban, Advocate SR no.26498 dt:13.8.20 Crl.O.P.No.11948 of 2020 MR (CO) RV (04/09/2020) https://hcservices.ecourts.gov.in/hcservices/