Madras High CourtCRL OP/11444/2019disposed of

Kumar @ Pushparaj Kumar v. The State

2019-04-27Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.04.2019

CORAM

THE HONOURABLE Mr.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.11444 of 2019

1. Kumar @ Pushparaj Kumar

2. Financier Kumar @ Kumar ... Petitioners

Versus

The State rep by The Inspector of Police, Thirupapuliyur Police Station, Cuddalore, Cuddalore District.

(Crime No.190 of 2019) ... Respondent Prayer:- Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to direct the learned Principal District & Sessions Judge, Cuddalore, to accept the surrender of the petitioners and to consider the bail petition on the same day in respect of Crime No.190 of 2019 on the file of Inspector of Police.

For Petitioners: Mr.S.C.Vishwanth 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 Judge, Cuddalore, to consider the petitioners' bail petition on the same day of their surrender in connection with Crime No.190 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 Judge, Cuddalore, to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Crime No.190 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 https://hcservices.ecourts.gov.in/hcservices/

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 //True Copy// Sub Assistant Registrar To

1. The Principal District & Sessions Judge, Cuddalore.

2. The Inspector of Police, Thirupapuliyur Police Station, Cuddalore, Cuddalore District.

3. The Public Prosecutor High Court, Madras.

+1cc to Mr.S.C.Vishwanth, Advocate sr.no.41201 Crl.O.P.No.11444 of 2019 nr 29/04/2019 https://hcservices.ecourts.gov.in/hcservices/