Madras High CourtCRL OP/11718/2019allowed

R.Kannan v. The State Rep. By

2019-04-29Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.04.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.11718 of 2019 1.R.Kannan 2.K.Mani 3.E.Suresh 4.P.Selvam 5.S.Suriya 6.K.Sri @ Sridhar ... Petitioners/Accused Vs 1.The State rep by The Deputy Superintendent of Police, Polur Taluk, Thiruvannamalai District.

2.The Inspector of Police, Chetpet Police Station, Thiruvannamalai District.

(Crime No.157 of 2019) ... Respondents/Complainant Prayer: Criminal Original Petition filed under Section 482 Cr.P.C. to issue a direction, directing the learned Principal District Judge, Thiruvannamalai to accept the surrender of the petitioners and consider the bail petition on the same day in Crime No.157 of 2019 on the file of the 2nd respondent. For Petitioners: Mr.M.Sridhar For Respondents: Mr.M.Mohamed Riyaz Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed to issue a direction, directing the learned Principal District Judge, Thiruvannamalai to accept the surrender of the petitioners and consider the bail petition on the same day in Crime No.157 of 2019 on the file of the 2nd respondent.

2.Heard the learned counsel for the petitioners and the learned Additional Public Prosecutor for the respondents. https://hcservices.ecourts.gov.in/hcservices/

3.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 Judge, Thiruvannamalai, to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Crime No.157 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.

4.Accordingly, this Criminal Original Petition is allowed. s/d- Assistant Registrar(CO) True Copy Sub-Assistant Registrar To 1.The learned Principal District Judge, Thiruvannamalai.

2.The Deputy Superintendent of Police, Polur Taluk, Thiruvannamalai District.

3.The Inspector of Police, Chetpet Police Station, Thiruvannamalai District.

4.The Public Prosecutor, High Court, Madras.

+1 CC to Mr.M.Sridhar, Advocate sr 41882.

Crl.O.P.No.11718 of 2019 RV(CO) SP(30/04/2019) https://hcservices.ecourts.gov.in/hcservices/