Madras High CourtCRL OP/20874/2017ordered

Minor, D Rajesh, 17 Yrs, v. The State By

2017-11-02Honourable Mr Justice M.S. Ramesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.11.2017

CORAM

THE HONOURABLE MR. JUSTICE M.S. RAMESH CRL.O.P.No.20874 of 2017 Minor D.Rajesh Rep by his father and natural guardian Dhamodharan

...Petitioner

Vs 1 The State by The Inspector of Police, Cheyyar Police Station, Thiruvannamalai District, (Crime No.583 of 2017)

...Respondent

2 M. Adhikesavan (R2 impleaded as per the order of this Court dated 12.10.2017 made in Crl.MP.No.12884/2017) PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to pass an order directing the Juvenile Justice Board, Thiruvannamalai, Thiruvannamalai District to consider the petitioner's bail application on the same day on their surrender in Crime No.583 of 2017 pending on the file of the Inspector of Police, Cheyyar Police Station, Thiruvannamalai District. For Petitioner : Mr.E.Sathiyaraj For Respondent R1 : Mr.C.Iyyapparaj Additional Public Prosecutor For Respondent R2 : No Appearance

O R D E R

This petition is filed for a direction to the Juvenile Justice Board, Thiruvannamalai, to consider the petitioner's bail petition on the same day of his surrender in connection with Crime No.583 of 2017, 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 Juvenile Justice Board, Thiruvannamalai to consider the petitioner's bail application, preferably on the same day of his surrender in connection with Cr.No. 583 of 2017 and pass appropriate orders in accordance with law after affording due opportunity to the victim.

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

/sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar rts To 1 The Judicial Magistrate, The Juvenile Justice Board, Thiruvannamalai,

2. The Inspector of Police, Cheyyar Police Station, Thiruvannamalai District,

3. The Public Prosecutor, High Court, Madras. +1 CC to Mr. E. Sathiyaraj , Advocate Sr.No. 77880 CRL.O.P.No.20874 of 2017 MD: 23/11/2017 https://hcservices.ecourts.gov.in/hcservices/