Madras High CourtCRL OP/15577/2020allowed

M.D.Sumathi v. State Rep By

2020-10-01Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.10.2020

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.15577 of 2020 M.D.Sunmathi ... Petitioner Vs State Represented by The Sub Inspector of Police, Gobichettipalayam Police Station, Gobichettipalayam, Erode District.

(Crime No.922 of 2020) ... Respondent Prayer: Criminal Original Petition filed under Section 482 Cr.P.C. to issue a direction, directing the learned Principal District and Sessions Judge, Erode (Special Court SC / ST Prevention of Atrocities Act), to accept the surrender of the petitioner in connection with the Crime No.922 of 2020 on the file of the respondent police and consider her bail application on the same day itself.

For Petitioner : Mr.G.Peranban 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 learned Principal District and Sessions Judge, Erode (Special Court SC / ST Prevention of Atrocities Act), to accept the surrender of the petitioner in connection with the Crime No.922 of 2020 on the file of the respondent police and consider her bail application on the same day itself.

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 Principal https://hcservices.ecourts.gov.in/hcservices/

District and Sessions Judge, Erode, to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Crime No.922 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 Principal District and Sessions Judge, Erode.

2.The Sub Inspector of Police, Gobichettipalayam Police Station, Gobichettipalayam, Erode District.

3.The Public Prosecutor, High Court, Madras.

Crl.O.P.No.15577 of 2020 SSD(CO) RMP(21/10/2020) https://hcservices.ecourts.gov.in/hcservices/