Susidharan v. The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.09.2019

CORAM

THE HONOURABLE MR. JUSTICE M.S. RAMESH Crl.O.P.No.25165 of 2019

1. Susidhran

2. Mohana

3. Praba @ Prabawathi

4. Karthikeyan

5. Manikandan

...Petitioners

Vs The State Rep by Inspector of Police, Puduchatram Police Station, Namakkal District.

...Respondent

(Crime No.195 of 2019) PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the learned District Principal and Sessions Judge/Special Court for SC ST, Namakkal to consider the bail application of the petitioners on their surrender before the Court on the same day on merits in accordance with law in connection with Crime No.195 of 2019 on the file of respondent police.

For Petitioners: Mr.K.T.S.Sivakumar For Respondent : Mr.C.Iyyapparaj Additional Public Prosecutor

O R D E R

This petition is filed for a direction to the learned District Principal and Sessions Judge/Special Court for SC ST, Namakkal to consider the bail application of the petitioners on their surrender before the Court on the same day on merits in accordance with law in connection with Crime No.195 of 2019 on the file of respondent police, since the offences are pertaining to the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. https://hcservices.ecourts.gov.in/hcservices/

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 innocent persons, there shall be a direction to the learned District Principal and Sessions Judge/Special Court for SC ST, Namakkal, to consider the petitioners' bail application, preferably on the same day of his surrender in connection with Cr.No.195 of 2019 and pass appropriate orders in accordance with law, after affording due opportunity to the victims. The petitioners shall surrender before the concerned jurisdictional Court, within a period of fifteen days from the date of receipt of a copy of this order.

3. In view of the above, the Criminal Original Petition stands ordered.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar hvk To

1. The District Principal and Sessions Judge/ Special Court for SC ST, Namakkal.

2. The Inspector of Police, Puduchatram Police Station, Namakkal District.

3. The Additional Public Prosecutor, High Court of Madras.

+1cc to Mr.T.S.Siva kumar , Advocate SR.No. 80025 Crl.O.P.No.25165 of 2019 A.SK(25/09/2019) https://hcservices.ecourts.gov.in/hcservices/