Ramesh Kumar v. State Rep

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.07.2020

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CRL.O.P.No. 10767 of 2020 Ramesh Kumar ... Petitioner Vs State represented by Inspector of Police, Tiruvarur Taluk Police Station, Tiruvarur District (Crime No.1021 of 2020) ... Respondent PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the Hon'ble I Additional District and Sessions Court (P.C.R.) at Thanjavur to consider the bail petition of the petitioner in Crime No.1021/2020 on the file of the respondent police on the same date of his surrender before the Hon'ble Trial Court so as to enlarge the petitioner on bail in the event of his arrest by the respondent police in Crime No.1021/2020 on the file of the respondent police. For Petitioner : Mr.L.S.M.Hasan Fizal For Respondent : Mr.S.Karthikeyan, Additional Public Prosecutor.

O R D E R

This petition is filed for a direction to the I Additional District and Sessions Court (P.C.R.) at Thanjavur to consider the petitioner's bail petition on the same day of his surrender in connection with Crime No.1021 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 I Additional District and Sessions Court (P.C.R.) at Thanjavur, to consider the petitioner's bail application, preferably on the same day of https://hcservices.ecourts.gov.in/hcservices/

his surrender in connection with Crime No. 1021 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 is disposed of.

Sd/- Assistant Registrar //True copy// Sub Assistant Registrar rpp To

1. The I Additional District and Sessions Court (P.C.R.), Thanjavur.

2. The Public Prosecutor, High Court, Madras. +1cc to Mr.L.S.M.Hasan Fizal, Advocate SR.No.24855 CRL.O.P.No.10767 of 2020 SSV(CO) GMY(07/08/2020) https://hcservices.ecourts.gov.in/hcservices/