B.Mano@Puthiyavan v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 31.07.2020

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.11504 of 2020 B.Mano @ Puthiyavan S/o Balaraman 91/122, Bangala Street Thottikudisai Village, Chinnasevalai Tiruvennainallur Taluk Villupuram District.

...Petitioner

Vs.

1.State Rep by its The Inspector of Police Tiruvennainallur Police Station Villupuram District.

(Crime No.624/2020)

...Respondent

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the Special Court for SC/ST Act cases, Principal District Sessions Judge, Villupuram, to consider the petitioner's bail petition in connection with Crime No.624 of 2020 on the file of the Inspector of Police, Tiruvennainallur Police Station, Villupuram District, on the same day of his surrender.

For Petitioner : Mr.M.D.Lakshmipathy For Respondent : Mr.S.Karthikeyan Additional Public Prosecutor.

O R D E R

This petition is filed for a direction to the Special Court for SC/ST Act cases, Principal District Sessions Judge, Villupuram, to consider the petitioners' bail petition on the same day of his surrender in connection with Crime No.624 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 https://hcservices.ecourts.gov.in/hcservices/

direction to the Special Court for SC/ST Act cases, Principal District Sessions Judge, Villupuram, to consider the petitioners' bail application, preferably on the same day of his surrender in connection with Crime No. 624 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 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 Jer To 1.The Principal District Sessions Judge, (The Special Court for SC/ST Act cases) Villupuram.

2.The Inspector of Police Tiruvennainallur Police Station Villupuram District.

3.The Additional Public Prosecutor High Court of Madras.

Crl.O.P.No.11504 of 2020 NAS(CO) CB(07/10/2020) https://hcservices.ecourts.gov.in/hcservices/