Madras High CourtCRL OP/3437/2018ordered

Durairaj, Aged 68 Years, v. State Rep. By

2018-02-06Honourable Mr Justice M.S. Ramesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.02.2018

CORAM

THE HONOURABLE MR. JUSTICE M.S. RAMESH CRL.O.P.No.3437 of 2018 Durairaj ..Petitioner/Accused 1 Vs State rep. by The Inspector of Police, Needamangalam Police Station, Tiruvarur District.

..Respondent/Complainant (Crime No.12 of 2018) PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the petitioner to surrender before the I-Additional Sessions Judge-cum-Special Court for PCR Cases, Thanjavur with surrender and bail application along with sureties and the same shall be considered on the same day in connection with Crime No.12/2018 on the file of the respondent. For Petitioner : Mr.D.Veerasekaran For Respondent : Mr.C.Ragavan Government Advocate (Crl.side)

O R D E R

This petition is filed for a direction to the I-Additional Sessions Judge-cum-Special Court for PCR Cases, Thanjavur, to consider the petitioner's bail petition on the same day of his surrender in connection with Crime No.12 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 I-Additional Sessions Judge-cum-Special Court for PCR Cases, Thanjavur, to consider the petitioner's bail application, preferably on the same day of his surrender in connection with Cr.No. 12 of 2018 and pass appropriate orders in accordance with law after https://hcservices.ecourts.gov.in/hcservices/

affording due opportunity to the victim.

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

Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar nmm To

1. The I-Additional Sessions Judge-cum-Special Court for PCR Cases, Thanjavur,

2. The Inspector of Police, Needamangalam Police Station, Tiruvarur District.

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

+1cc to Mr.D.Veerasekaran, Advocate, S.R.No.8818 CRL.O.P.No.3437 of 2018 SV(CO) CS/21/02/18 https://hcservices.ecourts.gov.in/hcservices/