Silambarasan v. The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.10.2019
CORAM
THE HONOURABLE MR. JUSTICE M.S. RAMESH Crl.O.P.No.28823 of 2019 1.Mr.Silambarasan 2.K.Ayyappan 3.B.Kulanchiyappan
...Petitioners
Vs State of Tamilnadu Rep by The Inspector of Police, Sembanarkoil Police Station, Nagapattinam District.
...Respondent
PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the Sessions Court, Nagapattinam (Special Court Designated under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, to accept the surrender of the petitioners herein concerned in Crime No.267/2019, u/s.294(b), 352 and 506 (ii) IPC and Sec.3(1) (r), 3(1)(s), 3(2) (va) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015) on the file of the respondent and consider their bail petitions on the same day itself. (Crime number amended vide memo dated 30.10.2019) For Petitioners: Mr.G.Bala and Daisy For Respondent : Mr.C.Iyyapparaj, Additional Public Prosecutor
O R D E R
This petition is filed for a direction to the the Sessions Court, Nagapattinam (Special Court Designated under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, to consider the bail application of the petitioners on the same day in Crime No.267 of 2019 on the file of the respondent, since the offences are pertaining to the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
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 https://hcservices.ecourts.gov.in/hcservices/
of misusing the pious intention of the Parliament against innocent persons, there shall be a direction to the the Sessions Court, Nagapattinam (Special Court Designated under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Cr.No.267 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(CCC) //True Copy// Sub Assistant Registrar jas/hvk To
1. The Special Court for SC/ST cases, Nagapattinam District,
2. The Inspector of Police, Sembanarkoil Police Station, Nagapattinam District.
3. The Public Prosecutor, High Court of Madras.
+1 cc to M/s.G.Bala & Daisy, Advocate,S.R.No.22101(08/11/2019) Crl.O.P.No.28823 of 2019 NMI(CO) SSM(08/11/2019) SSM(08/11/2019) https://hcservices.ecourts.gov.in/hcservices/