Sundara Chetty v. The State Rep. By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.04.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.11389 of 2019 1.Sundara Chetty 2.Srinivasan 3.Ramamoorthy 4.Mahadevan 5.Sivan 6.Krishnamoorthy ... Petitioners Vs.

The State rep by its Inspector of Police, Denkanikkottai Police Station, Krishnagiri District.

(Crime No.100 of 2019) ... Respondent PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to direct the learned Principal District and Sessions Judge, Krishnagiri to consider the bail application to be filed by the petitioners in Crime No.100 of 2019 on the file of Inspector of Police, Denkanikkottai Police Station, Krishnagiri District on the same day.

For Petitioners : Mr.M.P.Saravanan For Respondent : Mr.C.Raghavan Govt. Advocate (Crl. Side)

O R D E R

This petition is filed for a direction to the learned Principal District and Sessions Judge, for cases under SC/ST Act, Krishnagiri to consider and dispose of the bail application of the petitioner on merits in connection with the case in Crime No.100 of 2019 on the file of the Inspector of Police,Denkanikkottai Police Station, Krishnagiri District on the same date of his surrender.

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2. In view of the specific bar under Section 18 of the Scheduled 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 Principal District and Sessions Judge, for cases under SC/ST Act, Krishnagiri to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Crime No.100 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(CCC) //True Copy// Sub Assistant Registrar vsn/mpa To 1.The Principal District and Sessions Judge for Cases under SC/ST Act, Krishnagiri.

2.The Inspector of Police, Denkanikkottai Police Station, Krishnagiri District.

3.The Public Prosecutor, High Court, Madras.

+1 cc to M/s.P.Saravanan, Advocate Sr.No.40572 Crl.O.P.No.11389 of 2019 RSK(CO) CSL/29.04.2019 https://hcservices.ecourts.gov.in/hcservices/