Madras High CourtCRL OP/11433/2019disposed of

M.Nagesh v. State Rep. By

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

hIN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 27.04.2019

CORAM

THE HONOURABLE Mr.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.11433 of 2019

1. M.Nagesh

2. Sakthivel

3. Vijayaganth

4. L.Nagesh

5. Suresh

6. Ravi ... Petitioners

Versus

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

... Respondent Prayer:- Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to direct the learned Principal Sessions Judge, Krishnagiri, Krishnagiri District, to consider the petitioners bail petition on their surrender in Crime No.205 of 2019 pending on the file of Inspector of Police, Shoolagiri Police Station, Krishnagiri District.

For Petitioners: Mr.E.Kannadasan 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 Sessions Judge, Krishnagiri, Krishnagiri District, to consider the petitioner's bail petition on the same day of their surrender in connection with Crime No.205 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 Sessions Judge, Krishnagiri, Krishnagiri District, to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Crime No.205 of https://hcservices.ecourts.gov.in/hcservices/

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 Sessions Judge, Krishnagiri, Krishnagiri District.

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

3. The Public Prosecutor High Court, Madras.

+1cc to Mr.E.Kannadasan, Advocate, S.R.No.41392 Crl.O.P.No.11433 of 2019 JP(CO) RRS(29/04/2019) https://hcservices.ecourts.gov.in/hcservices/