Sivalingam v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.11.2019

CORAM

THE HONOURABLE MR. JUSTICE M.S. RAMESH Crl.O.P.No.30221 of 2019 '

1.Sivalingam 2.Rasamanickam 3.Ponrasu

...Petitioners/Accused Nos.2, 3 & 4

Vs Inspector of Police, Kondalampatti Police Station, Salem City.

(In Crime No.535 of 2019)

...Respondent/Complainant

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the Special Judge for SC & ST Act cases/ Principal Sessions Court, Salem to consider the bail petition to be filed by the petitioners, on their surrender on the same day, on merits in connection with the case in Crime No.535 of 2017 pending investigation on the file of the respondent police.

For Petitioners: Mr.A.Saravanan For Respondent : Mrs.V.Saratha Devi Government Advocate (Crl.Side)

O R D E R

This petition is filed for a direction to the learned Special Judge for SC & ST Act cases/ Principal Sessions Court, Salem, to accept the surrender of the petitioners herein concerned in Crime No.535 of 2017 on the file of the Inspector of Police, Kondalampatti Police Station, Salem City 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 1/2 https://hcservices.ecourts.gov.in/hcservices/

Special Judge for SC & ST Act cases/ Principal Sessions Court, Salem, to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Crime No.535 of 2017 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(Insp.Cell) //True Copy// Sub Assistant Registrar To 1.The Special Judge for SC & ST Act cases/ Principal Sessions Court, Salem.

2.The Inspector of Police, Kondalampatti Police Station, Salem City.

3.The Public Prosecutor, High Court of Madras.

+1cc to Mr.A.Saravanan, Advocate sr.93840 Crl.O.P.No.30221 of 2019 kk(co) nr 14/11/2019 2/2 https://hcservices.ecourts.gov.in/hcservices/