V.Poovarasan v. The State Rep By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.02.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.4237 of 2019 V.Poovarasan ... Petitioner Vs.

State represented by the Station House Officer, Villianur Police Station, Puducherry.

...Respondent

PRAYER:

Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the Learned II Principal District Sessions Judge, Puducherry to consider the petitioner's bail application on the very same day in Cr.No.349 of 2018 pending on the file of the respondent police.

For Petitioner : Mr.K.Sasindran For Respondent : V.Balamurugan Additional Public Prosecutor (Puducherry)

ORDER

This petition has been filed to direct the Learned II Principal District Sessions Judge, Puducherry to consider the petitioners bail application on the every same day of his surrender in connection with Cr.No.349 of 2018 pending on the file of the respondent police 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 II Principal District Sessions Judge, Puducherry, to consider the petitioner's bail application, preferably on the same day of their surrender in connection with Crime No.349 of 2018 and pass appropriate orders in accordance with law after affording due opportunity to the victim under Section 15(a) of the SC/ST Act. The petitioner shall surrender before the concerned jurisdictional Court within a period of fifteen days from the date of the receipt of a copy of this Order.

https://hcservices.ecourts.gov.in/hcservices/

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

s/d- Assistant Registrar(CS V) True Copy Sub-Assistant Registrar pds/lok To 1.The Station House Officer, Villianur Police Station, Puducherry.

2. The II Principal District Sessions Judge, Puducherry 3.The Public Prosecutor, Puducherry.

+1 CC to Mr.P.Suresh Babu, Advocate sr 15205. +1 CC to Public Prosecutor, Pondicherry sr 14783. Crl.O.P.No.4237 of 2019 SV(CO) SP(15/03/2019) https://hcservices.ecourts.gov.in/hcservices/