Madras High CourtCRL OP/11341/2020allowed

Ganesh Kumar v. State By

2020-08-03Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.08.2020

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CRL.O.P.No. 11341 of 2020 Ganesh Kumar S/o. Narayanan No.7/11, Poonthottam Street, Krishnapuram, Devalapuram Village, Ambur Taluk, Vellore District.

... Petitioner Vs State represented by The Sub Inspector of Police, Oomerabad Police Station, Oomerabad, Ambur Taluk, Tiruppathur District.

(Crime No. 58 of 2020) ... Respondent PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the Principal District and Sessions Judge, Vellore to accept the surrender of the petitioner and consider the bail petition on the very same day in Cr.No.58 of 2020.

For Petitioner : Ms.S.P.Arthi 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, Vellore, to consider the petitioner's bail petition on the same day of their surrender in connection with Crime No.58 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 Principal District Sessions Judge, Vellore, to consider the petitioner's bail application, preferably on the same day of their surrender in connection with Crime No. 58 of 2020 and pass https://hcservices.ecourts.gov.in/hcservices/

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 (CS-III MDU) //True Copy// Sub Assistant Registrar dh To

1. The Principal District and Sessions Judge, Vellore.

2. The Sub Inspector of Police, Oomerabad Police Station, Oomerabad, Ambur Taluk, Tiruppathur District.

3. The Public Prosecutor, High Court, Madras.

CRL.O.P.No. 11341 of 2020 VS(CO) GN(23/09/2020) https://hcservices.ecourts.gov.in/hcservices/