Madras High CourtCRL OP/15389/2020allowed

P.Devendran @ Posappan v. The State Rep By Its

2020-09-29Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.09.2020

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.15389 of 2020 P.Devendran @ Posappan ... Petitioner Vs The State Rep. by its, The Inspector of Police, Kannai Police Station, Villupuram District.

(Crime No.9 of 2020) ... Respondent Prayer: Criminal Original Petition filed under Section 482 Cr.P.C. to issue a direction, directing the Special Court for PCR Cases Villupuram to allow the petitioner to file bail petition in Crime No.9 of 2020 dated 17.01.2020 on the file of the respondent police and consider the same day. For Petitioner : Mr.E.C.Ramesh 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 Special Court for PCR Cases Villupuram to allow the petitioner to file bail petition in Crime No.9 of 2020 dated 17.01.2020 on the file of the respondent police and consider the same day.

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 Court for PCR Cases, Villupuram, to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Crime No.9 of 2020 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 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.

4.Accordingly, this Criminal Original Petition is allowed. Sd/- Assistant Registrar(CS-VII) //True copy// Sub Assistant Registrar rna To 1.The learned Special Court for PCR Cases, Villupuram.

2.The Inspector of Police, Kannai Police Station, Villupuram District.

3.The Public Prosecutor, High Court, Madras.

+1cc to Mr.E.C.Ramesh, Advocate SR.No.31883 Crl.O.P.No.15389 of 2020 LN(CO) GMY(21/10/2020) https://hcservices.ecourts.gov.in/hcservices/