Madras High CourtCRL OP/13192/2020allowed

Naveenraj v. The State Represented By

2020-08-28Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.08.2020

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CRL.O.P.No. 13192 of 2020 Naveenraj S/o. N.Iyyappan No.38, Mariyamman Koil Street, Pillayarkuppam, Thondamanatham, Pondicherry.

... Petitioner Vs State represented by Station House Officer, Villianur Police Station, Pondicherry.

Cr.No.441/2020 ... Respondent PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the learned II Additional District Judge/Special Judge, Pondicherry to accept the surrender of the petitioner and consider the Bail Petition on the same day in respect of the Cr.No.441 of 2020 dated 02.07.2020 pending on the file of the Station House Officer, Villianur Police Station (Crime), Pondicherry.

For Petitioner : Mr.B.Balavijayan For Respondent : Mr.S.Karthikeyan, Additional Public Prosecutor.

O R D E R

This petition is filed for a direction to the learned II Additional District Judge/Special Judge, Pondicherry, to consider the petitioner's bail petition on the same day of their surrender in connection with Crime No.441 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) Page numbers https://hcservices.ecourts.gov.in/hcservices/

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 II Additional District Judge/Special Judge, Pondicherry, to consider the petitioner's bail application, preferably on the same day of their surrender in connection with Crime No. 441 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(CCC) //True Copy// Sub Assistant Registrar dh To

1. The II Additional District Judge/Special Judge, Pondicherry.

2. The Public Prosecutor, High Court, Madras.

3.The Station House Officer, Villianur Police Station(Crime) Pondicherry.

CRL.O.P.No.13192 of 2020 PP(CO) CB(14/10/2020) Page numbers https://hcservices.ecourts.gov.in/hcservices/