Madras High CourtCRL OP/11916/2020allowed

Prakash v. State Rep. By

2020-08-06Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.08.2020

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CRL.O.P.No.11916 of 2020 Prakash, S/o.Pazhani, Gangaiyamman Kovil Street, Perumbakkam, Villupuram Taluk, Villupuram District.

... Petitioner Vs.

State represented by The Inspector of Police, Kanai Police Station, Villupuram District.

(Crime No. 977 of 2020) ... Respondent PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the Special Court for SC & ST Act cases at Villupuram to consider bail application for the petitioners on the date of surrender before the Court in connection with Crime No.977 of 2020 on the file of the respondent Police.

For Petitioner : Mr. N.Chinnaraj For Respondent : Mr. S.Karthikeyan Additional Public Prosecutor.

O R D E R

This petition is filed for a direction directing the Special Court for SC & ST Act cases at Villupuram to consider bail application for the petitioners on the date of surrender before the Court in connection with Crime No.977 of 2020 on the file of the respondent Police.

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

Court for Sc & St Act cases, Villupuram, to consider the petitioner's bail application, preferably on the same day of his surrender in connection with Crime No. 977 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 the 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 bkn To

1. The Principal and Sessions Judge, Special Court for Sc & St Act cases, Villupuram.

2. The Additional Public Prosecutor, High Court, Madras.

3.The Inspector of Police, Kanai Police Station, Villupuram District.

CRL.O.P.No.11916 of 2020 nas[co] srg 25/09/2020 https://hcservices.ecourts.gov.in/hcservices/