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Madras High CourtCRL OP/12050/2019allowed

Shankar v. The 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.12050 of 2019 1.Shankar 2.Vinayagam 3.Dineshkumar 4.Sasi ... Petitioner 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 Principle District Sessions Judge Thiruvannamalai to accept the surrender of the petitioners and consider the bail petition on the same day in Crime No.141 of 2019 For Petitioners : Mr.Thamarai Selvan For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor

O R D E R

This petition is filed for a direction to Principle District Sessions Judge 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 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 Principle District Sessions Judge 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 Section 15(a) of the SC/ST Act. The petitioners https://hcservices.ecourts.gov.in/hcservices/

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 VIII) //True Copy// Sub Assistant Registrar vsn/mpa To 1.The Inspector of Polcie, Vandavasi North Police Station, Thiruvannamalai District, 2.The Public Prosecutor, High Court, Madras.

+1cc to Mr.R.Thamaraiselvan, Advocate, S.R.No.42394 Crl.O.P.No.12050 of 2019 PA(CO) RRS(30/04/2019) https://hcservices.ecourts.gov.in/hcservices/