Purushothaman @ Prakash v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:24.08.2020

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CRL.O.P.No.12775 of 2020

1. Purushothaman@ Prakash, S/o.Kumaravel, Mettu Street, Panchamadevi, Motchakulam, Villupuram District.

2. Prabu, M/38, S/o.Sekar, 104A, Mettu Street, Panchamadevi, Motchakulam, Villupuram District.

3. Kumaravel M/58, S/o.Venu, 111, Mettu Street, Panchamadevi, Motchakulam, Villupuram District.

... Petitioners Vs State represented by The Inspector of Police, Valavanur Police Station, Villupuram District.

Crime No.485 of 2016.

... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct Special Court for SC & ST Act cases, Villupuram, to consider the bail application to the petitioners on the very same date of surrender before the Court in connection with Crime No.485 of 2016 on the file of the respondent police.

For Petitioners : Mr.N.Chinnaraj For Respondent : Mr.S.Karthikeyan Additional Public Prosecutor.

O R D E R

This petition is filed for a direction to Special Court for SC & ST Act cases, Villupuram, to consider the petitioners' bail https://hcservices.ecourts.gov.in/hcservices/

petition on the same day of their surrender in connection with Crime No.485 of 2016, 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 Special Court for SC & ST Act cases, Villupuram, to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Crime No. 485 of 2016 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 //True Copy// Sub Assistant Registrar To

1. Special Court for SC & ST Act cases, Villupuram.

2. The Inspector of Police, Valavanur Police Station, Villupuram District.

3.The Public Prosecutor, High Court, Madras.

+1cc to M/s.N.Chinnaraj, Advocate, in SR.27647 CRL.O.P.No.12775 of 2020 VSN-II(CO) RV (14/09/2020) https://hcservices.ecourts.gov.in/hcservices/