Madras High CourtCRL OP/13539/2019disposed of

Sathish @ Sathishkumar v. The Deputy Superintendent 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.13539 of 2019 Sathish @ Sathishkumar .. Petitioner/ 2nd Accused

Versus

1. The Deputy Superintendent of Police, Rasipuram, Namakkal District.

2. State rep. by Sub-Inspector of Police, Namagiripet Police Station, Namakkal District.

(Crime No.131 of 2019) ... Respondents/Complainants Prayer:- Criminal Original Petition is filed under Section 482 of Criminal Procedure Code to direct the Principal Sessions Judge, Namakkal to consider the bail application on the same day on surrender of the petitioner with respect of Crime No.131 of 2019 on the file of the 2nd respondent police. For Petitioner : Mr.Nalliyappan For Respondents: Mr.C.Raghavan Government Advocate (Criminal Side)

O R D E R

This petition is filed for a direction to the Principal Sessions Judge, Namakkal, to consider the petitioners' bail petition on the same day of his surrender in connection with Crime No.131 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 https://hcservices.ecourts.gov.in/hcservices/

innocent persons, there shall be a direction to the Principal Sessions Judge, Namakkal, to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Crime No.131 of 2019 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. This Criminal Original Petition is disposed of with the above directions.

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

1. The Principal Sessions Judge, Namakkal.

2. The Deputy Superintendent of Police, Rasipuram, Namakkal District.

3. The Sub-Inspector of Police, Namagiripet Police Station, Namakkal District.

4. The Public Prosecutor High Court, Madras.

+1cc to Mr.R.Nalliyappan, Advocate, SR.No.44223 Crl.O.P.No.13539 of 2019 Kak(27/05/2019) https://hcservices.ecourts.gov.in/hcservices/