Madras High CourtCRL OP/10519/2019disposed of

Purushothaman v. The State Rep. By

2019-04-22Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.04.2019

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CRL.O.P.No.10519 of 2019 1.Purushothaman 2.Rajadurai 3.Sarath @ Sarathkumar 4.Reegan 5.Kandavel 6.Elumalai 7.Vignesh Kumar @ Jothi 8.Rajkumar ... Petitioners Vs.

1.The State represented by Inspector of Police, Vikravandi Police Station, Villupuram District, Crime No.131 of 2019.

... Respondent PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the Additional Sessions Judge (PCR), Special Judge for Prevention of SC/ST Atrocities Act, Villupuram and to consider the anticipatory bail application on the same day by on such terms and conditions concerned in Crime No.131 of 2019, on the file of Inspector of Police, Vikravandi Police Station, Villupuram District.

For Petitioners: Mr.S.Viswagandhi For Respondent : Mr.C.Raghavan Government Advocate (Crl.side)

O R D E R

This petition is filed for a direction to the Additional Sessions Judge (PCR), Special Judge for Prevention of SC/ST Atrocities Act, Villupuram, to consider the petitioners' bail petition on the same day of their surrender in connection with Crime No.131 of 2019, since the offences are pertaining to the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

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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 Additional Sessions Judge (PCR), Special Judge for Prevention of SC/ST Atrocities Act, Villupuram to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Crime No.131 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 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(CO) //True Copy// Sub Assistant Registrar rm To

1. The Additional Sessions Judge (PCR), Special Judge for Prevention of SC/ST Atrocities Act, Villupuram.

2. The Public Prosecutor, High Court, Madras.

+1 cc to Mr.S.Viswagandhi, Advocate, S.R.No.37975 CRL.O.P.No.10519 of 2019 PMS(CO) SSM(23/04/2019).

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