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Madras High CourtCRL OP/14767/2020allowed

Vijay v. The State Represented By

2020-09-22Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.09.2020

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.14767 of 2020 1.Vijay 2.Baskar @ Boss 3.Balamurugan ...petitioners Vs.

State Rep by The Inspector of Police Ulundurpet Police Station Villupuram District.

(Crime No.416/2020)

...Respondent

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the Special District Judge (POA Court), Villupuram to consider the bail application sympathetically and pass orders on merits on the same day on the petitioners surrender in connection with crime No.416 of 2020 pending before the respondent police.

For petitioners : Ms.R.Poornima For Respondent : Mr.S.Karthikeyan Additional Public Prosecutor.

O R D E R

This petition is filed for a direction, to direct the Special District Judge (POA Court), Villupuram, to consider the bail application sympathetically and pass orders on merits on the same day of the petitioners surrender in connection with crime No.416 of 2020 pending before the respondent police.

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 Special Court/Principal Sessions Court, Krishnagiri, to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Crime No. 416 of 2020 and pass appropriate orders in accordance with law after affording due opportunity to the victims under Section 15(a) of the SC/ST https://hcservices.ecourts.gov.in/hcservices/

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 //True Copy// Sub Assistant Registrar To

1. The Special District Judge (POA Court), Villupuram 2.The Inspector of Police Ulundurpet Police Station Villupuram District.

3.The Public Prosecutor High Court of Madras.

+1cc to M/s.R.Poornima, Advocate in SR.NO..31012 Crl.O.P.No.14767 of 2020 PA(CO) RV(14/10/2020) https://hcservices.ecourts.gov.in/hcservices/