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Madras High CourtCRL OP/11489/2020allowed

Ajithkumar v. State Rep.By

2020-07-31Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 31.07.2020

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.11489 of 2020 Ajithkumar S/o Sundramoorthi residing at Erusalakuppam Village Cuddalore District.

... Petitioner Vs.

1.State Rep by its The Inspector of Police Virudhachalam Police Station Cuddalore District.

(Crime No.1141/2020)

...Respondent

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the Principal District Sessions Judge cum Special Judge for SC/ST Act cases, Cuddalore, to consider the petitioner's bail petition in connection with Crime No.1141 of 2020 on the file of the Inspector of Police, Virudahachalam Police Station, Cuddalore District, on the same day of his surrender.

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

O R D E R

This petition is filed for a direction to the Principal District Sessions Judge cum Special Judge for SC/ST Act cases, Cuddalore, to consider the petitioners' bail petition on the same day of his surrender in connection with Crime No.1141 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 Principal District Sessions Judge cum Special Judge for SC/ST Act cases, Cuddalore, to consider the petitioners' bail application, preferably on the same day of his surrender in connection with Crime No. 1141 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 cum Special Judge for SC/ST Act cases, Cuddalore.

2.The Inspector of Police Virudhachalam Police Station Cuddalore District.

3.The Additional Public Prosecutor High Court of Madras.

Crl.O.P.No.11489 of 2020 NSA(CO) CB(07/10/2020) https://hcservices.ecourts.gov.in/hcservices/