Madras High CourtCRL OP/12826/2020disposed of

Dhurga v. State Rep.By

2020-08-24Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:24.08.2020

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CRL.O.P.No.12826 of 2020 1.DHURGA, F/aged about 21 years, D/o.Shanthamurthy, 2.GOKUL RAJ, M/aged about 25 years, S/o.Shanthamurthy, Both are residing at, Door No.2/149, Bangalore road, Kurubarapalli, Hosur, Krishnagiri District.

... Petitioners Vs State Rep. by Inspector of Police, All Women Police Station, Krishnagiri, Krishangiri District.

Crime No.4 of 2020 ... Respondent PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the Learned Principal Sessions Judge, Krishnagiri, Krishnagiri District to consider the petitioner's bail application on their surrender on the same day in Crime.No.4/2020 pending on the file of the Inspector of police, All Women Police Station, Krishnagiri, Krishnagiri District.

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

For Petitioners : Mr.E.Kannadasan For Respondent : Mr.S.Karthikeyan Additional Public Prosecutor.

O R D E R

This petition is filed for a direction to Principal Sessions Judge, Krishnagiri, Krishnagiri District , to consider the petitioners' bail petition on the same day of their surrender in connection with Crime No.4 of 2020, 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 Principal Sessions Judge, Krishnagiri, Krishnagiri District , to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Crime No. 4 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 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 mpa To

1. The Principal Sessions Judge, Krishnagiri, Krishnagiri District .

2.The Inspector of Police, All Women Police Station,Krishnagiri,Krishangiri District.

3. The Public Prosecutor, High Court, Madras. CRL.O.P.No.12826 of 2020 A.SK(07/10/2020) https://hcservices.ecourts.gov.in/hcservices/