Madras High CourtCRL OP/10287/2019allowed

Sivanathan v. The State Rep By

2019-04-16Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.04.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.10287 of 2019 1.Sivanatham 2.Elavarsan 3.Thirunavukarasu 4.Balu @ Balachandran 5.Ashok @ Ashokkumar

...Petitioners

Vs The State rep. By, The Inspector of Police, Kannai Police Station, Villupuram District.

Crime No.159 of 2019

...Respondent

Prayer: Criminal Original Petition filed under Section 482 Cr.P.C., to issue a direction, directing the Principal Sessions Judge, Villupuram to consider the bail application of the petitioners on the date of surrender before the Court in connection with Crime No.159 of 2019 on the file of the respondent police.

For Petitioners: Mr.N.Chinnaraj For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed to issue a direction, directing the Principal Sessions Judge, Villupuram to consider the bail application of the petitioners on the date of surrender before the Court in connection with Crime No.159 of 2019 on the file of the respondent police.

2.Heard the learned counsel for the petitioners and the learned Additional Public Prosecutor for the respondent. 3.In view of the specific bar under Section 18 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) https://hcservices.ecourts.gov.in/hcservices/

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, Villupuram, to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Crime No.159 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.

4.Accordingly, this Criminal Original Petition is allowed. rna Sd/- Assistant Registrar(C.O) //True Copy// Sub Assistant Registrar To 1.The learned Principal Sessions Judge, Villupuram.

2.The Inspector of Police, Kannai Police Station, Villupuram District.

3.The Public Prosecutor, High Court, Madras.

+1cc to Mr.N.Chinnaraj, Advocate, SR.No.38491 Crl.O.P.No.10287 of 2019 Kak(23/04/2019) https://hcservices.ecourts.gov.in/hcservices/