Madras High CourtCRL OP/11244/2019allowed

Rajasiman v. State By

2019-04-29Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.04.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.11244 of 2019 1.Rajasiman 2.Mohan 3.Shanmugam ... Petitioners/Accused Vs State rep by The Inspector of Police, Peralam Police Station, Thiruvarur District.

... Respondent/Complainant Prayer: Criminal Original Petition filed under Section 482 Cr.P.C. to issue a direction, directing the I Additional District and Session Court for PCR Act Cases at Thanjavore to accept the surrender of the petitioners and consider the bail petition on the same day in Crime No.211 of 2019. For Petitioners: Mr.R.Thamaraiselvan For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed to issue a direction, directing the I Additional District and Session Court for PCR Act Cases at Thanjavore to accept the surrender of the petitioners and consider the bail petition on the same day in Crime No.211 of 2019.

2.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondent. 3.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 I Additional District and Session Court for PCR Act Cases at Thanjavore, to consider the petitioners' bail application, preferably on the same day of their surrender in connection with https://hcservices.ecourts.gov.in/hcservices/

Crime No.211 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.

4.Accordingly, this Criminal Original Petition is allowed. s/d- Assistant Registrar(CO) True Copy Sub-Assistant Registrar rna To 1.The I Additional District and Sessions Court for PCR Act Casts, Thanjavore.

2.The Inspector of Police, Peralam Police Station, Thiruvarur District.

3.The Public Prosecutor, High Court, Madras.

+1 CC to Mr.R.Thamaraiselvan, Advocate sr 41680. Crl.O.P.No.11244 of 2019 KJ(CO) SP(30/04/2019) https://hcservices.ecourts.gov.in/hcservices/