Madras High CourtCRL OP/10476/2019disposed of

Venkateswaran v. 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.10476 of 2019 Venkateswaran ... Petitioner Vs.

State rep. by Inspector of Police, Gomangalam Police Station, Coimbatore District, Crime No.52 of 2019.

... Respondent PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the Principal District and Sessions Judge, Coimbatore to consider the bail application of the petitioner on the same day in the event of his surrender in connection with Crime No.52 of 2019 on the file of the respondent.

For Petitioner : Mr.Balakrishnan M.N.

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

O R D E R

This petition is filed for a direction to the Principal District and Sessions Judge, Coimbatore, to consider the petitioner's bail petition on the same day of his surrender in connection with Crime No.52 of 2019, 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 Principal District and Sessions Judge, Coimbatore to consider the petitioner's bail application, preferably on the same day of their surrender in connection with Crime No.52 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 https://hcservices.ecourts.gov.in/hcservices/

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 Principal District and Sessions Judge, Coimbatore.

2. The Inspector of Police, Gomangalam Police Station, Coimbatore Dist.

3. The Public Prosecutor, High Court, Madras.

+1cc to Mr.M.N.Balakrishnan, Advocate, S.R.No.38352 CRL.O.P.No.10476 of 2019 PP(CO) RRS(23/04/2019) https://hcservices.ecourts.gov.in/hcservices/