Shanmugam v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.03.2018

CORAM

THE HONOURABLE MR. JUSTICE M.S. RAMESH CRL.O.P.No.9498 of 2018 1.Shamugam 2.Akilan 3.Krishnakanthan 4.Suresh 5.Babu 6.Dhandapani 7.Vetrivel 8.Logu 9.Mohan ..Petitioners

Versus

The State rep.by The Deputy Superintendent of Police, Arani Sub-Division, Thiruvannamalai District.

...Respondent

(Crime No. 561 of 2011) Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the learned Principal Session Judge / Special Court constituted under S.C & S.T (Prevention of Atrocities) Act, Thiruvannamalai District, to consider the bail petition of the petitioners on the same day of their surrender in Crime No. 561 of 2011 pending on the file of the respondent. For Petitioners : M/s.S.Pushpakaran 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 Session Judge / Special Court constituted under S.C & S.T (Prevention of Atrocities) Act, Thiruvannamalai District, to consider the petitioners bail petition of the petitioners on the same day of their surrender Crime No. 561 of 2011 pending on the file of the respondent.

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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 Session Judge / Special Court, Thiruvannamalai, to consider the petitioners' bail application, preferably on the same day of their surrender in connection with Cr.No. 561 of 2011 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 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 allowed.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar klt To 1.The Principal Session Judge,(Special Court constituted under SC & ST (prevention of Atrocities) Act, Thiruvannamalai.

2.The Public Prosecutor, High Court, Madras.

3.The Deputy Superintendent of Police, Arani Sub-Division, Thiruvannamalai.

+1cc to Mr.S.Pushpakaran, Advocate, S.R.No.22673 CRL.O.P.No.9498 of 2018 RRK(27/03/2018) https://hcservices.ecourts.gov.in/hcservices/