Ayyanar v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.04.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.11907 of 2019 1.Ayyanar 2.Rajesh 3.Meikandan 4.Raman 5.Lakshmanan

...Petitioners/ Accused 4 to

Vs.

The Inspector of Police, Sankarapuram Police Station, Villupuram District ... Respondent PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to direct Sessions Court Villupuram the District Sessions Judge Villupuram Special Judge for Prevention of SC/ST Atrocities Act to accept surrender of the petitioners in Cr.No.196 of 2019 (on the file of Inspector of Police, Sankarapuram Police Station, Villupuram) and consequently consider the petitioner's bail application on the same day.

For Petitioner : Mr.V.Gunasekar For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor

O R D E R

This petition is filed for a direction to the District Sessions Judge, Villupuram (Special Judge for Prevention of SC/ST Atrocities Act) to consider and dispose of the bail application of the petitioner on merits in connection with the case in Crime No.196 of 2019 on the file of the Inspector of Police, Sankarapuram Police Station, Villupuram 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 District Sessions https://hcservices.ecourts.gov.in/hcservices/

Judge, Villupuram (Special Judge for Prevention of SC/ST Atrocities Act) to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Crime No.196 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 //True Copy// Sub Assistant Registrar To

1. The District & Sessions Judge, (Special Judge for SC/ST Atrocites Act) Villupuram.

2. The Inspector of Police, Sankarapuram Police Station, Villupuram District

3. The Public Prosecutor, High Court, Madras.

+1cc to Mr.V.Gunasekar, Advocate, SR.No.42764 Crl.O.P.No.11907 of 2019 Kak(30/04/2019) https://hcservices.ecourts.gov.in/hcservices/