Kalaimani v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:22.07.2020

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CRL.O.P.No.10919 of 2020 Kalaimani, M/40 S/o.Verrasamy No.4/443, Bajanai Kovil Street Panaiyur Village Arani Taluk Tiruvannamalai District.

... Petitioner/Accused Vs

1. State by The Inspector of Police, Arani Taluk Police Station, Arani Tiruvannamalai District

2. K.Anjali, 44/F W/o.Kuppusamy Road Street, Panniyur Colony Arani Taluk Tiruvannamalai District.

... Respondents/Complainant & Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the learned District and Sessions Judge, Tiruvannamalai to accept the surrender petition in Crime No.2178/2020 on the file of the Arani Taluk Police Station, Arani and to consider the bail petition of the petitioner on the same day.

For Petitioner : Mr. J.Pavithra For Respondent : Mr.S.Karthikeyan, Additional Public Prosecutor.

O R D E R

This petition is filed seeking for a direction to the District and Sessions Judge, Tiruvannamalai to consider the bail application of the petitioner on the same day of his surrender in connection with Crime No.2178 of 2020 on the file of the 1st https://hcservices.ecourts.gov.in/hcservices/

Respondent herein, 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 District and Sessions Judge, Tiruvannamalai, to consider the petitioner's bail application, preferably on the same day of his surrender in connection with Crime No. 2178 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.

s/d- Assistant Registrar(CS VI) True Copy Sub-Assistant Registrar uma To 1.The District and Sessions Judge, Tiruvannamalai 2.The Inspector of Police, Arani Taluk Police Station Arani

3. The Public Prosecutor, High Court, Madras. CRL.O.P.No.10919 of 2020 KK(CO) SP(30/09/2020) https://hcservices.ecourts.gov.in/hcservices/