Madras High CourtCRL OP/13780/2020disposed of

Sudharsan v. State Rep.By

2020-09-08Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.09.2020

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.13780 of 2020 Sudharsan, (32) S/o.Balasubramaniyan 32, Kumanan Street Pudhupettai, Attur Salem-636 141.

... Petitioner Vs State, rep. by The Inspector of Police Thiruchengodu Rural Police Station Namakkal District.

(Cr.No.1030 of 2020) ... Respondent PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the learned Principal District and Sessions Judge, Namakkal to consider the bail application of the petitioner on the same day in the event of his surrender in connection with Crime No.1030 of 2020 on the file of the respondent Police.

For Petitioner : Mr.C.S.Saravanan For Respondent : Mr.S.Karthikeyan Additional Public Prosecutor.

O R D E R

This petition is filed for a direction to the Principal District and Sessions Judge, Namakkal to consider the bail application of the petitioner on the same day in the event of his surrender in connection with Crime No.1030 of 2020 on the file of the Respondent police, 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 https://hcservices.ecourts.gov.in/hcservices/

innocent persons, there shall be a direction to the Principal District and Sessions Judge, Namakkal to consider the petitioner's bail application, preferably on the same day of their surrender in connection with Crime No.1030 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's 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 uma To

1. The Principal District and Sessions Judge, \ Namakkal.

2. The Inspector of Police, Thiruchengodu Rural Police Station, Namakkal District.

3. The Public Prosecutor, High Court, Madras.

Crl.O.P.No.13780 of 2020 ajs[co] srg 21/10/2020 https://hcservices.ecourts.gov.in/hcservices/