Gopi @ Manikandan v. The Inspector Of Police

hIN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 27.04.2019

CORAM

THE HONOURABLE Mr.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.11423 of 2019 Gopi @ Manikandan ... Petitioner

Versus

State rep by The Inspector of Police, All Women Police Station, Namakkal.

(Crime No.3 of 2019) ... Respondent Prayer:- Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to direct the learned Principal District Sessions Court, (Special Judge for SC & ST (Prevention of Atrocities) Act), Namakkal to consider and dispose of the bail application of the petitioner on merits in connection with the case in Crime No.3 of 2019 on the file of the Inspector of Police, All Women Police Station, Namakkal on the same date of his surrender.

For Petitioner : Mr.R.Arundattan For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor

O R D E R

This petition is filed for a direction to the learned Principal District Sessions Court, (Special Judge for SC & ST (Prevention of Atrocities) Act), Namakkal, to consider the petitioners' bail petition on the same day of their surrender in connection with Crime No.3 of 2019, 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 the learned Principal District Sessions Court, (Special Judge for SC & ST (Prevention of Atrocities) Act), Namakkal, to consider the petitioner's bail application, preferably on the same day of https://hcservices.ecourts.gov.in/hcservices/

their surrender in connection with Crime No.3 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(CS II) //True Copy// Sub Assistant Registrar ssr To

1. The Principal District Sessions Court, (Special Judge for SC & ST (Prevention of Atrocities) Act), Namakkal

2. The Inspector of Police, All Women Police Station, Namakkal.

3. The Public Prosecutor High Court, Madras.

+1cc to Mr.P.Arundattan, Advocate, S.R.No.41006 Crl.O.P.No.11423 of 2019 VS-II(CO) RRS(29/04/2019) https://hcservices.ecourts.gov.in/hcservices/