Rajendran v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 24.04.2019

CORAM

THE HONOURABLE Mr.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No. 10944 of 2019 1.Rajendran 2.Chinnappa 3.Rajaram 4.Rajasekar @ Rajni @ Rajeshwaran 5.Ayyappan 6.Sathishkumar 7.Ramarajan 8.Aramirtham 9.Elangovan 10.Saravanan 11.Mathiyazhagan 12.Ravi .. Petitioners Vs.

The State by, Inspector of Police, Kunnam Police Station, Perambalur District.

(Crime No.95 of 2019) .. Respondent Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to direct the learned Principal District and Sessions Judge, (Special Court under SC & ST Atrocities Act) at Perambalur, Perambalur District to accept the surrender of the petitioners herein concerned in Crime No.95 of 2019 on the file of Inspector of Police, Kunnam Police Station, Perambalur District and consider the bail petition on the same day itself.

For Petitioners: Mr.K.Balu For Respondent : Mr.C.Raghavan Government Advocate (Crl.Side)

O R D E R

This petition is filed for a direction to the Principle District and Sessions Judge, Perambalur to consider the petitioners bail petition on the same day of their surrender in connection with Crime No.95 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 Principle District and Sessions Judge, Perambalur to consider the petitioners bail application, preferably on the same day of their surrender in connection with Crime No.95 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 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 VIII) //True Copy// Sub Assistant Registrar mpa To 1.The Inspector of Police, Kunnam Police Station, Perambalur District.

2. The Public Prosecutor, High Court, Madras.

+1 cc to Mr.K.balu, Advocate, Sr.No. 39146 Crl.O.P.No. 10944 of 2019 SSI(CO) CSL/26.04.2019 https://hcservices.ecourts.gov.in/hcservices/