Madras High CourtCRL OP/12069/2019allowed

Sasivarnan v. The State Rep By

2019-04-30Honourable Mr Justice N. Anand Venkatesh2 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.12069 of 2019 Sasivarnan ... Petitioner Vs.

State by, The Inspector of Polcie, Arakkonam Town Police Station, Vellore District, (Crime No.680 of 2018) ... Respondent PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to direct the Principal District Sessions Judge Vellore, Vellore District to consider the bail application on the same day on surrender of the petition in Crime No.680 of 2018 on the file of the respondent police.

For Petitioner : Mr.M.Sathish Kumar For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor

O R D E R

This petition is filed for a direction to Principal District Sessions Judge Vellore, Vellore District to consider and dispose of the bail application of the petitioner on merits in connection with the case in Crime No.680 of 2018 on the file of the Inspector of Police, Arakkonam Town Police Station, Vellore 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 Vellore, Vellore District to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Crime No.680 of 2018 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.

https://hcservices.ecourts.gov.in/hcservices/

3.In view of the above, the Criminal Original Petition stands allowed.

Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar vsn/mpa To 1.The Inspector of Polcie, Arakkonam Town Police Station, Vellore District, 2.The Public Prosecutor, High Court, Madras.

3.The Principal District Sessions Judge, Vellore.

+1cc to Mr.M.Sathishkumar, Advocate, S.R.No.43080 (dt.06/05/19) Crl.O.P.No.12069 of 2019 MPA(CO) RRS(30/04/2019) https://hcservices.ecourts.gov.in/hcservices/