Madras High CourtCRL OP/11381/2019allowed

Mani@ Manikandan v. State By Its Inspector Of Police,

2019-04-30Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.04.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.11381 of 2019 Mani @ Manikandan ... Petitioner Vs.

State by its Inspector of Police Mangalam Police Station, Thiruvannamalai District.

(Crime No. 96 of 2019) ... Respondent PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to direct the Principal Sesions Judge (Special Judge for SC/ST Act) at Thiruvannamalai, Thiruvannamalai District to consider the petitioner's bail application on the same day on his surrender in Crime No. 96 of 2019 pending on the file of the Inspector of Police, Mangalam Police Station,Thiruvannamalai District.

For Petitioner : Mr.K.G.Senthil Kumar For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor

O R D E R

This petition is filed for a direction to the Principal Sesions Judge (Special Judge for SC/ST Act) at Thiruvannamalai, Thiruvannamalai District to consider and dispose of the bail application of the petitioner on merits in connection with the case in Crime No.96 of 2019 on the file of the Inspector of Police, Mangalam Police Station,Thiruvannamalai District., on the same date of his surrender.

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 Principal Sesions Judge (Special Judge for SC/ST Act) at Thiruvannamalai, Thiruvannamalai District to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Crime No.96 of 2019 and pass appropriate orders https://hcservices.ecourts.gov.in/hcservices/

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(Insp.Cell) //True Copy// Sub Assistant Registrar vsn/mpa To 1.The Inspector of Police Mangalam Police Station, Thiruvannamalai District.

2.The Public Prosecutor, High Court, Madras.

3.The Principal Sessions Judge, Special Judge for SC/ST Act, Thiruvannamalai.

+1cc to Mr.K.G.Senthilkumar, Advocate, S.R.No.42980 Crl.O.P.No.11381 of 2019 SPD(CO) RRS(30/04/2019) https://hcservices.ecourts.gov.in/hcservices/