Madras High CourtCRL OP/26756/2019ordered

Elango @ Arumugam v. The State Rep. By

2019-10-04Honourable Mr Justice M.S. Ramesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.10.2019

CORAM

THE HONOURABLE MR. JUSTICE M.S. RAMESH Crl.O.P.No.26756 of 2019 1.Elango @ Arumugam 2.Chinnasamy @ Arumugam

...Petitioners/Accused 1 & 2

Vs.

The State Rep. by, The Inspector of Police, Nambiyur Police Station, Erode District.

...Respondent/Complainant

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the Principal District and Sessions Judge, Erode to consider the petitioner Bail application to be filed in Crime No.330 of 2019 pending on the file of Inspector of Police, Nambiyur Police Station, Erode District on the same day on his surrender.

For Petitioners : Mr.C.Ramkumar For Respondent : Mr.C.Iyyapparaj Additional Public Prosecutor

ORDER

This petition is filed for a direction to the Principal District and Sessions Judge, Erode to accept the surrender of the petitioners herein concerned in Crime No.330 of 2019 on the file of the Inspector of Police, Nambiyur Police Station, Erode District, and consider their bail petition on the same day itself, since the offence is 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 of misusing the pious intention of the Parliament against innocent persons, there shall be a direction to the learned Principal District and Sessions Judge, Erode to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Crime No.330 of 2019 and pass appropriate orders in accordance with law, after affording due opportunity to the victim. 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. https://hcservices.ecourts.gov.

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

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To 1.The Principal District and Sessions Judge, Erode.

2.The Inspector of Police, Nambiyur Police Station, Erode District.

3.The Public Prosecutor, High Court of Madras.

+1 cc to M/s.M.N.Balakrishnan, Advocate Sr.No. 84957 AKM/15.10.19/2P-5C / Crl.O.P.No.26756 of 2019 https://hcservices.ecourts.gov.in/hcservices/