Shankar v. Iop, Vandavasi North P.S.,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.04.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.11948 of 2019 1.Shankar 2.Vinayagam 3.Sasi 4.T.Dinesh ... Petitioners/Accused 1 to 4 Vs.

State by, The Inspector of Polcie, Vandavasi North Police Station, Thiruvannamalai District, Crime No.141 of 2019 ... Respondent PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to direct the Principal District Sessions Jude, (Special Judge for SC/ST Act cases), Thiruvannamalai to accept the surrender of the petitioners and consider the bail petition on the same day in Crime No.141 of 2019, on the file of the Inspector of Police, Vandavasi North Police Station, Thiruvannamalai District.

For Petitioners : Mr.S.Silambu Selvan 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 Jude, (Special Judge for SC/ST Act cases), Thiruvannamalai to consider and dispose of the bail application of the petitioner on merits in connection with the case in Crime No.141 of 2019 on the file of the Inspector of Police, Vandavasi North Police Station, Thiruvannamalai District, on the same date of thus 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 Jude, (Special Judge for SC/ST Act cases), Thiruvannamalai to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Crime No.141 of 2019 and pass appropriate orders in accordance with law after affording due opportunity to the victim under https://hcservices.ecourts.gov.in/hcservices/

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.

Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar To 1.The Principal District Sessions Judge, Special Judge(for SC/ST Act Cases), Thiruvannamalai.

2.The Inspector of Polcie, Vandavasi North Police Station, Thiruvannamalai District, 3.The Public Prosecutor, High Court, Madras.

+1cc to Mr.S.Silambu Selvan, Advocate sr.no.42620 Crl.O.P.No.11948 of 2019 nr 02/05/2019 https://hcservices.ecourts.gov.in/hcservices/