Madras High CourtCRL OP/11919/2019allowed

R.Boopathy v. The State Rep. By The Sub-Inspector Of Police,

2019-04-30Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.04.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.11919 of 2019 R.Boopathy ... Petitioner/Accused .Vs.

The State rep by The Sub-Inspector of Police, Ariyalur Police Station, Ariyalur Taluk, Ariyalur District (Crime No.106 of 2019) ... Respondent PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to direct the Principal District & Sessions Judge, Ariyalur to consider the bail application of the petitioner on the same day of his surrender in Crime No.106 of 2019 on the file of the respondent police. For Petitioner : Mr.S.Kamadevan For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor

O R D E R

This petition is filed for a direction to the Principal District & Sessions Judge, Ariyalur to consider and dispose of the bail application of the petitioner on merits in connection with the case in Crime No.106 of 2019 on the file of the SubInspector of Police, Ariyalur Police Station, Ariyalur Taluk, Ariyalur District, on the same date of his surrender.

2. In view of the specific bar under Section 18 of the Scheduled 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 Principal District & Sessions Judge, Ariyalur to consider the petitioners' bail application, preferably on the same day of their surrender in https://hcservices.ecourts.gov.in/hcservices/

connection with Crime No.106 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.

vsn/mpa Sd/- Assistant Registrar(CS-IX) //True Copy// Sub Assistant Registrar To

1. The Principal District & Sessions Judge, Ariyalur.

2. The Sub-Inspector of Police, Ariyalur Police Station, Ariyalur Taluk, Ariyalur District 3.The Public Prosecutor, High Court, Madras.

+1cc to Mr.S.Kamadevan, Advocate, SR.No.42243 Crl.O.P.No.11919 of 2019 Kak(30/04/2019) https://hcservices.ecourts.gov.in/hcservices/