Madras High CourtCRL OP/29583/2019ordered

Suresh v. The State Rep By

2019-11-06Honourable Mr Justice M.S. Ramesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.11.2019

CORAM

THE HONOURABLE MR. JUSTICE M.S. RAMESH Crl.O.P.No.29583 of 2019 1.Suresh 2.Achuthan 3.Masaana Veeran @ Elumalai 4.Anbazhagan 5.Anbu 6.Sivakumaran 7.Kannan 8.Aathimalai 9.Palanivel 10.Arjunan

...Petitioners

-Vs1.The State rep by, The Inspector of Police, Kandachipuram Police Station, Villupuram District.

Cr.No.135/2019.

2.Rajeev Gandhi

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the learned Sessions Judge, Special Court for SC/ST POA Act, Villupuram to consider the bail application to be filed by the petitioners after their surrender in Crime No.135 of 2019 on the file of first respondent, on the same day of filing.

For Petitioners : Mr.G.Mageshkumar For Respondents : Mr.C.Iyyapparaj Additional Public Prosecutor

O R D E R

This petition is filed for a direction to the learned Sessions Judge, Special Court for SC/ST POA Act, Villupuram, to accept the surrender of the petitioner herein concerned in Crime No.135 of 2019 on the file of the Inspector of Police, Kandachipuram Police Station, Villupuram District and consider thier bail petition on the same day itself, since the offence is 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 Sessions Judge, Special Court for SC/ST POA Act, Villupuram, to consider the petitioner's bail application, preferably on the same day of their surrender in connection with Crime No.135 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.

jas/hvk Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar To 1.The Sessions Judge, Special Court for SC/ST POA Act, Villupuram.

2. The Inspector of Police, Kandachipuram Police Station, Villupuram District.

3.The Public Prosecutor, High Court of Madras.

+1cc to Mr.G.Magesh Kumar, Advocate, SR.No.91708 Crl.O.P.No.29583 of 2019 Kak(07/11/2019) https://hcservices.ecourts.gov.in/hcservices/