Madras High CourtCRL OP/5258/2017ordered

V.Vinoth Kumar, Aged 29 Years, v. The State Rep. By Its

2017-03-22Honourable Mr Justice R. Mahadevan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.11.2017

CORAM

THE HONOURABLE MR. JUSTICE M.S. RAMESH CRL.O.P.No.5258 of 2017

1. Saraswathy

2. Sekar

3. Manohar

4. Kavin Kumar

5. Senthil Kumar .. Petitioners/Accused Vs State rep.by Inspector of Police, Kangeyam Police Station, Tiruppur District (Crime No.78 of 2018) .. Respondent/Complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the learned Principal Sessions Judge, Tiruppur to consider the petitioners bail application on the same day on their surrender in Crime No.78 of 2018 on the file of the respondent police. For Petitioners : Mr.A.Gokulakrishnan For Respondent : Mr.C.Raghavan Government Advocate (Crl.side)

O R D E R

This petition is filed for a direction to the learned Principal Sessions Judge, Tiruppur, to consider the petitioners bail petition on the same day of their surrender in connection with Crime No.78 of 2018, 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 Principal Sessions Judge, Tiruppur, to consider the petitioners bail application, preferably on the same day of their surrender in connection with Crime No.78 of 2018 and pass appropriate orders in accordance with law after affording due opportunity to the victim. The petitioners shall surrender before the concerned jurisdictional Court within period of one week from the date of receipt of a copy of this Order.

3. In view of the above, the Criminal Original Petition stands

allowed.

22.02.2018 Index:yes/no Internet:yes/no AT Note: Issue Order copy on 23.02.2018 To

1. The Principal Sessions Judge, Tiruppur

2. The Inspector of Police, Kangeyam Police Station, Tiruppur District (Crime No.78 of 2018)

3. The Additional Public Prosecutor, High Court, Madras.

M.S. RAMESH,J.

AT CRL.O.P.No.5258 of 2018 22.02.2018