Kamaleshan v. State Represented By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 12.04.2019

CORAM

THE HONOURABLE Mr.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No. 9964 of 2019 1.Kamaleshan 2.Mahendiran .. Petitioners/Accused 1&2 Vs.

State represented by Inspector of Police, Mel Chengam Police Station, Thiruvannamalai District.

(Crime No.106 of 2019) .. Respondent Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to direct the learned Principal Sessions Judge (Special Judge for SC/ST Act), Thiruvannamalai, to consider their bail application on the same day in connection with in Crime No.106 of 2019 on the file of respondent herein upon surrender of the petitioners before them.

For Petitioners : Mr.R.Balakrishnan For Respondent : Mr.C.Raghavan Government Advocate (Crl.Side)

O R D E R

This petition is filed for a direction to the Principal Sessions Judge (Special Judge for SC/ST Act), Thiruvannamalai to consider the petitioners bail petition on the same day of their surrender in connection with Crime No.106 of 2019, 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 Principle Sessions Judge, Thiruvannamalai https://hcservices.ecourts.gov.in/hcservices/

to consider the petitioners bail application, preferably on the same day of their surrender in connection with Crime No. 106 of 2019 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 petitioners 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 mpa/vsn To 1.The Principal Sessions Judge , (Special Judge for SC/ST Act), Thiruvannamalai 2.Inspector of Police, Mel Chengam Police Station, Thiruvannamalai District.

3. The Public Prosecutor, High Court, Madras.

+1cc to Mr.R.Balakrishnan , Advocate SR.No. 36164 Crl.O.P.No. 9964 of 2019 A.SK(15/04/2019) https://hcservices.ecourts.gov.in/hcservices/