Sridhar v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.08.2020

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CRL.O.P.No.11773 of 2020

1. Sridhar

2. Arivazhagan

3. Ajithkumar ... Petitioners Vs State represented by The Inspector of Police Virudhachalam Police Station, Cuddalore District.

Crime No.1141 of 2020 ... Respondent PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to pass an order directing the Principal District Sessions Judge cum Special Judge for SC/ST Act cases, Cuddalore to consider the bail application filed by the petitioner in connection with Crime No.1141 of 2020 on the file of the Inspector of Police, Virudhachalam Police Station, Cuddalore District on the same day of their surrender. For Petitioners: M/s.M.Selvam For Respondent : Mr.S.Karthikeyan Additional Public Prosecutor.

O R D E R

This petition is filed for a direction to the learned Principal District Sessions Judge cum Special Judge for SC/ST Act cases, Cuddalore, to consider the petitioners bail petition on the same day of their 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 direction to the learned Principal District Sessions Judge cum Special Judge for SC/ST https://hcservices.ecourts.gov.in/hcservices/

Act cases, Cuddalore, to consider the petitioners bail application, preferably on the same day of their 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 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.

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

Sd/- Assistant Registrar (CS-III) //True Copy// Sub Assistant Registrar Dpq 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 Public Prosecutor, High Court, Madras.

CRL.O.P.No.11773 of 2020 AJS(CO) GN(08/10/2020) https://hcservices.ecourts.gov.in/hcservices/