Madras High CourtCRL OP/14147/2020allowed

Haridass v. State Rep.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.14147 of 2020 1.Haridass, S/o.Vellai, Aandaal Street, Aathuppakkam Village, Thervazhi-Post, Gummudipoondi, Tiruvallur District.

2.Sasikumar, S/o.Munusamy, No.39, Poda Street, Aathuppakkam Village, Thervazhi-Post, Gummudipoondi, Tiruvallur District.

... Petitioners -VsState Represented by Inspector of Police, Gummudipoondi Police Station, Gummudipoondi-Taluk, Thiruvallur District.

(Crime No.2175 of 2020) ... Respondent Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to direct the learned District Sessions Judge-cum-P.C.R. Judge, Tiruvallur (Special Court for S.C and S.T Act) to consider the bail application on his surrender filed by the petitioner in connection with the above Crime No.2175 of 2020 on the file of the Respondent The Inspector of Police, Gummudipoondi Police Station, Tiruvallur District.

For Petitioners : Mr.S.Gopi For Respondent : Mr.S.Karthikeyan Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed seeking for a direction, to direct the learned District Sessions Judge-cum-P.C.R. Judge, Tiruvallur (Special Court for S.C and S.T Act) to consider the bail application on his surrender https://hcservices.ecourts.gov.in/hcservices/ Page numbers

filed by the petitioner in connection with the above Crime No.2175 of 2020 on the file of the Respondent The Inspector of Police, Gummudipoondi Police Station, Tiruvallur District.

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 District Sessions Judge-cum-P.C.R. Judge, Tiruvallur (Special Court for S.C and S.T Act), to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Crime No.2175 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 1st petitioner 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. As far as the 2nd petitioner is concerned, the Criminal Original Petition is dismissed as withdrawn as requested by him.

3. In view of the above, the Criminal Original Petition stands allowed as against the 1st petitioner. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar gbi To 1.The Inspector of Police, Gummudipoondi Police Station, Gummudipoondi-Taluk, Thiruvallur District.

2.The District Sessions Judge-cum-P.C.R. Judge, Tiruvallur (Special Court for S.C and S.T Act). 3.The Public Prosecutor, High Court, Madras.

Crl.O.P.No.14147 of 2020 BR(CO) CB(05/11/2020) https://hcservices.ecourts.gov.in/hcservices/ Page numbers