Varadhappan @ Varadharajan v. State, Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:14.09.2020

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CRL.O.P.No.14313 of 2020 Varadhappan @ Varadharajan ... Petitioner/Accused Vs.

State represented by The Sub-Inspector of Police, Walajabad Police Station, Kancheepuram District (Crime No.1582 of 2020) ... Respondent/Complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the Principal Sessions Judge, Court of Kancheepuram, Chengalpattu (Special Judge for S.C. & S.T Act) to consider his surrender and pass appropriate orders on the bail application filed by the petitioner on the same day in connection with Cr.No.1582 of 2020 on the file of respondent police.

For Petitioner : Mr.V.R.Appaswamee For Respondent : Mr.S. Karthikeyan Additional Public Prosecutor.

O R D E R

This petition is filed for a direction to the Principal Sessions Judge, Court of Kancheepuram, Chengalpattu (Special Judge for S.C. & S.T Act) to consider the petitioner's bail petition on the same day of his surrender in connection with Crime No.1582 of 2020, since the offences are pertaining to the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

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 person, there shall be a direction to the Principal Sessions Judge, Court of Kancheepuram, Chengalpattu (Special Judge for S.C. & S.T Act), to consider the petitioner's bail https://hcservices.ecourts.gov.in/hcservices/

application, preferably, on the same day of his surrender in connection with Crime No. 1582 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 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.

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

s/d- Assistant Registrar(CS-III) True Copy Sub-Assistant Registrar gv To

1. The Principal Sessions Judge Court of Kancheepuram at Chengalpattu (Special Judge for S.C. & S.T Act). 2.The Public Prosecutor, High Court, Madras.

+1 CC to Mr.V.R.Appaswamee, Advocate sr 29819. CRL.O.P.No.14313 of 2020 PP(CO) SP(15/09/2020) https://hcservices.ecourts.gov.in/hcservices/