Jayapal v. The State Rep By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.09.2020

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.15204 of 2020 Jayapal

...Petitioner

Vs The State Rep. by its:- The Inspector of Police, Valivalam Police Station, Nagapattinam District.

(Crime No.560 of 2020)

...Respondent

Prayer: Criminal Original Petition filed under Section 482 Cr.P.C. to issue a direction, directing the Hon'ble District and Sessions Court, Nagapattinam to consider the Bail Application of the petitioner sympathetically on very same day in event of his surrender before the concern Court in Crime No.560 of 2020 on the file of the Inspector of Police, Valivalam Police Station, Nagapattinam District.

For Petitioner : Mr.Greetha Senthilkumar For Respondent : Mr.S.Karthikeyan, Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed to issue a direction, directing the Hon'ble District and Sessions Court, Nagapattinam to consider the Bail Application of the petitioner sympathetically on very same day in event of his surrender before the concern Court in Crime No.560 of 2020 on the file of the Inspector of Police, Valivalam Police Station, Nagapattinam District.

2.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondent. 3.In view of the specific bar under Section 18 of the https://hcservices.ecourts.gov.in/hcservices/

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 District and Sessions Court, Nagapattinam, to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Crime No.560 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 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.

4.Accordingly, this Criminal Original Petition is allowed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar rna To 1.The District and Sessions Court, Nagapattinam.

2.The Inspector of Police, Valivalam Police Station, Nagapattinam District.

3.The Public Prosecutor, High Court, Madras.

Crl.O.P.No.15204 of 2020 AJS(CO) RN(22/10/2020) https://hcservices.ecourts.gov.in/hcservices/