Gopinath v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.08.2020

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CRL.O.P.No. 11588 of 2020

1. Gopinath S/o. Selvaraj, No.66/39, Soriankeenathupalayam, Vellakkoil, Tiruppur District.

2. V.V.R.Sivakumar @ V.V.R.Appu S/o. V.V.Ramasamy No.70, Soriankeenathupalayam, Vellakkoil, Tiruppur District.

3. Soundararaj, S/o. Balasubramaniam, No.136, M.P.Nagar, Vellakkoil, Tiruppur District.

... Petitioners Vs State represented by The Inspector of Police, Vellakoil Police Station, Vellakoil, Tiruppur District.

(Crime No. 1696 of 2020) ... Respondent PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the District and Sessions Court, Tiruppur to accept the petitioners surrender application and consider the petitioners bail application on the same day in connecting with Crime No.1696 of 2020 on the file of the Inspector of Police, Vellakoil Police Station, Vellakoil, Tiruppur District.

For Petitioner : Mr.C.Prakasam For Respondents: Mr.S.Karthikeyan, Additional Public Prosecutor.

O R D E R

This petition is filed for a direction to the District and Sessions Court, Tiruppur, to consider the petitioners' bail https://hcservices.ecourts.gov.in/hcservices/

petition on the same day of their surrender in connection with Crime No.1696 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 learned District and Sessions Judge, Tiruppur, to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Crime No. 1696 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.

Sd/- Assistant Registrar (CO) //True Copy// Sub Assistant Registrar dh To

1. The District and Sessions Court, Tiruppur

2. The Inspector of Police, Vellakoil Police Station, Vellakoil, Tiruppur District.

3. The Additional Public Prosecutor, High Court, Madras.

CRL.O.P.No. 11588 of 2020 NSA(CO) GN(25/09/2020) https://hcservices.ecourts.gov.in/hcservices/