Madras High CourtCRL OP/13476/2020allowed

S.Kathavarayan @ Manikandan v. The State Rep. By

2020-09-02Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:02.09.2020

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CRL.O.P.No.13476 of 2020 S.Kathavarayan @ Manikandan S/o.Selvaraju ... Petitioner Vs State represented by The Inspector of Police, Mangalamedu Police Station, Perambalur District.

(Crime No. 1589 of 2020) ... Respondent PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the Special Court for PRC Cases Perambalur to allow the petitioner to file bail petition in Crime No.1589 of 2020 dated 22.08.2020 on the file of the respondent police and consider the same day.

For Petitioner : Mr.E.C.Ramesh For Respondent : Mr.S.Karthikeyan (Additional Public Prosecutor)

O R D E R

This petition is filed for a direction to the Special Court for PRC Cases Perambalur to consider the petitioner's bail petition on the same day of his surrender in connection with Crime No.1589 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) 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 Special Court for PRC Cases Perambalur, to consider the petitioner's bail application, preferably on the same day of his surrender in Page numbers https://hcservices.ecourts.gov.in/hcservices/

connection with Crime No. 1589 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 petitioner 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 //True Copy// Sub Assistant Registrar rri To 1.The Special Court for PRC Cases, Perambalur.

2.The Inspector of Police, Mangalamedu Police Station, Perambalur District.

(Crime No. 1589 of 2020) 3.The Public Prosecutor, High Court, Madras.

+1cc to Mr.E.C.Ramesh, Advocate SR.28702 CRL.O.P.No.13476 of 2020 MP(CO) CB(19/10/2020) Page numbers https://hcservices.ecourts.gov.in/hcservices/