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Madras High CourtCRL OP/31778/2019ordered

Ayyar v. The State Rep By

2019-11-26Honourable Mr Justice M.S. Ramesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.11.2019

CORAM

THE HONOURABLE MR.JUSTICE M.S.RAMESH CRL.O.P.NO.31778 OF 2019 1.Ayyar 2.Hari @ Hariharan

...Petitioners

Vs State Rep by The Inspector of Police, Sembanorkoil Police Station, Sembanorkoil, Nagapattinam Dt.

Crime No.326 of 2018.

... Respondent PRAYER:

Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the learned District and Sessions Judge (PCR), Nagapattinam to accept the surrender of the petitioner herein and consider the Bail petition concerned in Crime No.326 of 2018 on the file of the Inspector of Police, Sembanorkoil Police Station, Nagapattinam District on the same day itself.

For Petitioner : Mr.C.T.Saravanan For Respondent : Mr.C.Iyyapparaj Additional Public Prosecutor

O R D E R

This petition is filed for a direction to the learned District and Sessions Judge (PCR), Nagapattinam, to consider the bail application of the petitioner on the same day in Crime No.326 of 2018 on the file of the respondent, since the offences are 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 https://hcservices.ecourts.gov.in/hcservices/

District and Sessions Judge (PCR), Nagapattinam, to consider the petitioner's bail application, preferably on the same day of his surrender in connection with Cr.No.326 of 2018 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 (CJ Conf.) //True Copy// Sub Assistant Registrar sbn/hvk To

1. The District and Sessions Judge (PCR), Nagapattinam

2. The Inspector of Police, Sembanorkoil Police Station, Sembanorkoil, Nagapattinam Dt.

3. The Public Prosecutor, High Court of Madras.

+1cc to Mr.C.T.Saravanan, Advocate, S.R.No.98275 Crl.O.P.No.31778 of 2019 EV(CO) CS/02/01/2020 https://hcservices.ecourts.gov.in/hcservices/