Madras High CourtCRL OP/14086/2020allowed

Sakthivel v. State By

2020-09-10Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.09.2020

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CRL.O.P.No.14086 of 2020 1.Sakthivel 2.Siva 3.Kannan 4.Anbumani 5.Vasudevan 6.Ragu 7.Kolanchinathan 8.Sivakumar 9.Vinoth 10.Selvam @ Selvakumar ... Petitioners Vs State by The Inspector of Police, Thalavai Police Station, Ariyalur District.

(Crime No.240 of 2020) ... Respondent PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the learned Sessions Judge, (Special Court for Exclusive Trial of Cases registered under the SC/ST Prevention of Atrocities Act), 1989 Ariyalur District to accept the surrender of the petitioners herein concerned in Crime No.240 of 2020, on the file of the Inspector of Police, Thalavai Police Station, Ariyalur District and consider the bail petition on the same day itself.

For Petitioners: Mr.K.Balu For Respondent : Mr.S.Karthikeyan Additional Public Prosecutor.

O R D E R

This petition is filed for a direction to direct the learned Sessions Judge, (Special Court for Exclusive Trial of Cases registered under the SC/ST Prevention of Atrocities Act), 1989 Ariyalur District to accept surrender of the petitioners in Cr.No.240 of 2020 on the file of the respondent Police, and consequently consider the petitioner's bail application on the same day.

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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 innocent persons, there shall be a direction to the learned Sessions Judge, (Special Court for Exclusive Trial of Cases registered under the SC/ST Prevention of Atrocities Act), 1989 Ariyalur District, to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Crime No.240 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 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 (CO) //True Copy// Sub Assistant Registrar gbi To 1.The Inspector of Police, Thalavai Police Station, Ariyalur District.

2.The Sessions Judge, (Special Court for Exclusive Trial of Cases registered under the SC/ST Prevention of Atrocities Act), 1989 Ariyalur District.

3.The Public Prosecutor, High Court, Madras.

CRL.O.P.No.14086 of 2020 RSK(CO) GN(08/10/2020) https://hcservices.ecourts.gov.in/hcservices/