Madras High CourtCRL OP/13389/2019disposed of

N.Hariharan v. The Inspector Of Police

2019-05-23Honourable Mr Justice P. Rajamanickam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.05.2019

CORAM

THE HONOURABLE Mr.JUSTICE P.RAJAMANICKAM Crl.O.P.No.13389 of 2019

1. N.Hariharan

2. Arunkumar

3. M.Palanisamy ... Petitioners

Versus

State rep by The Inspector of Police, Puliampatty Police Station, Erode District.

(Crime No.207 of 2019) ... Respondent Prayer:- Criminal Original Petition is filed under Section 482 of Criminal Procedure Code to direct the Principal District and Sessions Judge, Erode to consider the bail application of the petitioners on the same day of surrender in Crime No.207 of 2019 before the Court on the file of the respondent police. For Petitioners: Mr.N.Chinnaraj For Respondent : Mr.C.Raghavan Government Advocate (Criminal Side)

O R D E R

This petition is filed for a direction to the Principal District and Sessions Judge, Erode, to consider the petitioners' bail petition on the same day of their surrender in connection with Crime No.207 of 2019, 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 persons, there shall be a direction to the Principal District and Sessions Judge, Erode, to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Crime No. 207 of 2019 and pass appropriate https://hcservices.ecourts.gov.in/hcservices/

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. This Criminal Original Petition is disposed of with the above directions.

Sd/- Assistant Registrar(V.O) //True Copy// Sub Assistant Registrar ssr/mkn To

1. The Principal District and Sessions Judge, Erode.

2. The Inspector of Police, Puliampatty Police Station, Erode District.

3. The Public Prosecutor High Court, Madras.

+1cc to Mr.N.ChiNnaraj, Advocate, S.R.No.44272 Crl.O.P.No.13389 of 2019 PP(CO) RRS(27/05/2019) https://hcservices.ecourts.gov.in/hcservices/