S.Elumalai @ Manikandan v. The State Represented By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.10.2020

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.15582 of 2020 S.Elumalai @ Manikandan ... Petitioner/Accused Vs The State Represented by The Inspector of Police, All Woman Police Station, Arni, Tiruvannamalai District.

... Respondent/Complainant Prayer: Criminal Original Petition filed under Section 482 Cr.P.C. to issue a direction, directing the Principal Sessions Judge for SC & ST Act Special Judge, Thiruvannamalai to permit the petitioner on the same day to surrender in Crime No.11 of 2020 on the file of the Inspector of Police, All Woman Arni Police Station and consider the bail application. For Petitioner : Mr.V.Balu 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 Principal Sessions Judge for SC & ST Act Special Judge, Thiruvannamalai to permit the petitioner on the same day to surrender in Crime No.11 of 2020 on the file of the Inspector of Police, All Woman Arni Police Station and consider the bail application.

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 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 Judge, Thiruvannamalai, to consider the petitioners' bail https://hcservices.ecourts.gov.in/hcservices/

application, preferably on the same day of their surrender in connection with Crime No.11 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. -s/d- Assistant Registrar True Copy Sub-Assistant Registrar rna To 1.The Principal Sessions Judge for SC & ST Act Special Judge, Thiruvannamalai.

2.The Inspector of Police, All Woman Police Station, Arni, Tiruvannamalai District.

3.The Public Prosecutor, High Court, Madras.

+1 CC to Mr.V.Balu & K. Murthy, Advocate sr 6571(14/10/2020) Crl.O.P.No.15582 of 2020 NRJK(CO) SP(13/10/2020) https://hcservices.ecourts.gov.in/hcservices/