Madras High CourtCRL OP/10047/2021disposed of

R.Kesavan v. The Inspector Of Police

2021-06-09Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.06.2021

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CRL.O.P.No.10047 of 2021

1. R.Kesavan

2. R.Prakash

3. K.Arul @ Arulmani

4. K.S.Sathiyamoorthy

5. G.Vigneshkumar @ Dineshkumar

6. R.Arulkumar

7. D.Gowsick @ Karthi

8. E.Elayappan ... Petitioners Vs State represented by The Inspector of Police, Elachipalayam Police Station, Namakkal District.

... Respondent PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the Principal Sessions Judge, Namakkal to consider the bail application of the petitioners herein on the same day of surrender in Crime No.243 of 2021 dated 10.05.2021.

For Petitioners: Mr.V.P.Sengottuvel For Respondent : Mr.A.Damodaran Government Advocate (Crl.Side)

O R D E R

This petition is filed for a direction to the learned Principal Sessions Judge, Namakkal, to consider the petitioners' bail petition on the same day of their surrender in connection with Crime No.243 of 2021, 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 Sessions Judge, Namakkal, to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Crime No. 243 of 2021 and pass appropriate orders in accordance with law after affording due opportunity to https://hcservices.ecourts.gov.in/hcservices/

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 kv To

1. The Principal Sessions Judge, Namakkal.

2. The Inspector of Police, Elachipalayam Police Station, Namakkal District.

3. The Government Advocate (Crl.Side), High Court, Madras. CRL.O.P.No.10047 of 2021 A.SK(10.06.2021) https://hcservices.ecourts.gov.in/hcservices/