Anbalagan v. State By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.08.2020

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CRL.O.P.No. 11484 of 2020

1. Anbalagan S/o. Srinivasan, Melachery Village, Gingee Taluk, Villupuram District.

2. Elumalai S/o. Rajaram, Melachery Village, Gingee Taluk, Villupuram District.

3. M.Hussain @ Ushen S/o. Mabu Basha, Melachery Village, Gingee Taluk, Villupuram District.

4. Murali, S/o. Rajarathinam, Venkatarayanpettai Village, Cheyyar, Cheyyar Taluk, Tiruvannamalai District.

... Petitioners Vs State represented by The Deputy Superintendent of Police, Gingee, Villupuram District.

(Crime No. 2577 of 2020) ... Respondent PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the Principal Sessions Judge (Special Judge for SC/ST Act) at Villupuram, Villupuram District to consider the petitioners bail application on the same day on their surrender in Crime No.2577 of 2020 on the file of the The Deputy Superintendent of Police, Gingee, Villupuram District.

For Petitioner : Mr.K.G.Senthilkumar For Respondent : Mr.S.Karthikeyan, Additional Public Prosecutor.

O R D E R

This petition is filed for a direction to the Principal Sessions Judge (Special Judge for SC/ST Act) at Villupuram, Villupuram District, to consider the petitioners' bail petition on the same day of their surrender in connection with Crime No.2577 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 Principal Sessions Judge (Special Judge for SC/ST Act) at Villupuram, Villupuram District, to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Crime No. 2577 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 MDU) //True copy// Sub Assistant Registrar dh To

1. The Principal Sessions Judge (Special Judge for SC/ST Act) at Villupuram, Villupuram District.

2. The Deputy Superintendent of Police, Gingee, Villupuram District.

3. The Public Prosecutor, High Court, Madras.

CRL.O.P.No. 11484 of 2020 VS(CO) GMY(29/09/2020)