Radhika v. The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.10.2019

CORAM

THE HONOURABLE MR. JUSTICE M.S. RAMESH Crl.O.P.No.28044 of 2019 Radhika

...Petitioner

Vs State rep by, The Inspector of Police, Gummidipoondi Police Station, Thiruvallur District.

(Crime No.329 of 2019)

...Respondent

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the Principal District and Sessions Judge, Thiruvallur, Thiruvallur District (Special Judge for SC/ST Act Cases), to consider the petitioner bail application on the same day of their surrender in connection with Crime No.329 of 2019 on the file of Inspector of Police, Gummidipoondi Police Station, Thiruvallur District.

For Petitioner : Mr.D.Meenakshi Sundaram For Respondent : Mr.C.Iyyapparaj Additional Public Prosecutor

O R D E R

This petition is filed for a direction to the Principal District and Sessions Judge, Thiruvallur, Thiruvallur District (Special Judge for SC/ST Act Cases), to accept the surrender of the petitioner herein concerned in Crime No.329 of 2019 on the file of the Inspector of Police, Gummidipoondi Police Station, Thiruvallur District and consider her 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 https://hcservices.ecourts.gov.in/hcservices/

innocent persons, there shall be a direction to the Principal District and Sessions Judge, Thiruvallur, Thiruvallur District (Special Judge for SC/ST Act Cases), to consider the petitioner's bail application, preferably on the same day of her surrender in connection with Crime No.329 of 2019 and pass appropriate orders in accordance with law, after affording due opportunity to the victim. The petitioner 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 V) //True Copy// Sub Assistant Registrar jas/hvk To 1.The Principal District and Sessions Judge, (Special Judge for SC/ST Act Cases), Thiruvallur, Thiruvallur District.

2.The Inspector of Police, Gummidipoondi Police Station, Thiruvallur District.

3.The Public Prosecutor, High Court of Madras.

+1cc to M/s.D.Meenaksh Sundaram, Advocate Sr.87548 Crl.O.P.No.28044 of 2019 sj[co] srg 26/11/2019 https://hcservices.ecourts.gov.in/hcservices/