Kathiravan v. State Represented By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.11.2019

CORAM

THE HONOURABLE MR. JUSTICE M.S. RAMESH Crl.O.P.No.29888 of 2019 1.Kathiravan 2.Maran

...Petitioners

Vs State represented by:

Inspector of Police, Thalayamangalam Police Station, Thiruvarur District.

Crime No.60 of 2019.

...Respondent

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the learned 1st Additional District Sessions Court (PCR) Judge, Thanjavur to consider the bail petition preferred by the petitioners upon their surrender in Crime No.60 of 2019 on the file of the respondent police on the same day.

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

O R D E R

This petition is filed for a direction to the learned 1st Additional District Sessions Court (PCR) Judge, Thanjavur, to accept the surrender of the petitioner herein concerned in Crime No.60 of 2019 on the file of the Inspector of Police, Thalayamangalam Police Station, Thiruvarur 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 innocent persons, there shall be a direction to the learned 1st Additional District Sessions Court (PCR) Judge, Thanjavur, to 1/2 https://hcservices.ecourts.gov.in/hcservices/

consider the petitioner's bail application, preferably on the same day of her surrender in connection with Crime No.60 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.

-s/d- Assistant Registrar True Copy Sub-Assistant Registrar jas/hvk To 1.The 1st Additional District Sessions Court (PCR) Judge, Thanjavur.

2.The Inspector of Police, Thalayamangalam Police Station, Thiruvarur District.

3.The Public Prosecutor, High Court of Madras.

+1 cc to M/s.Swami Subramanian Advocate sr93114 Crl.O.P.No.29888 of 2019 vsnII(co) aa18/11/2019 2/2 https://hcservices.ecourts.gov.in/hcservices/