Madras High CourtCRL OP/10132/2019allowed

Kumaresan v. The State Rep. By

2019-04-15Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:15.04.2019

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CRL.O.P.No.10132 of 2019 Kumaresan ... Petitioner Vs The State rep. by its The Inspector of Police, Tholasampatty Police Station, Salem District.

(Cr.No.41 of 2019) ... Respondent PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the District and Sessions Court, Salem (Special Judge for SC & ST Act), to considered the petitioner surrender and pass appropriate orders on the bail application file by the petitioner on the same day itself in connection with the Crime No.41 of 2019 on the file of the Tholasampatty Police Station, Salem District.

For Petitioner : Mr.T.Ganesan For Respondent : Mr.M.Mohamed Riyaz, Additional Public Prosecutor.

O R D E R

This petition is filed for a direction to the District and Sessions Court, Salem (Special Judge for SC & ST Act), to consider the petitioner bail petition on the same day of his surrender in connection with Crime No.41 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 District and Sessions Court, Salem (Special Judge for SC & ST Act), to consider the petitioner bail application, preferably on the same day of his surrender in connection with Crime No. 41 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 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.

https://hcservices.ecourts.gov.in/hcservices/

3. In view of the above, the Criminal Original Petition stands allowed.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar rri To 1.The Inspector of Police, Tholasampatty Police Station, Salem District.(Cr.No.41 of 2019)

2. The District and Sessions Judge, Salem.

3. The Public Prosecutor, High Court, Madras. +1cc to Mr.T.Ganesan, Advocate sr.no.37313 CRL.O.P.No.10132 of 2019 nr 16/04/2019 https://hcservices.ecourts.gov.in/hcservices/