Madras High CourtCRL OP/9581/2018ordered

M.Thinagaraj 26 Yrs v. State Rep By Its

2018-03-27Honourable Mr Justice M.S. Ramesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.03.2018

CORAM

THE HONOURABLE MR. JUSTICE M.S. RAMESH CRL.O.P.No.9581of 2018 M.Thinagaraj ..Petitioner Vs State by its Inspector of Police, P.R.C. Cell Police Station, Puducherry (Crime No. 04 of 2017)

...Respondent

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the II Additional District & Sessions Judge (Special Judge for SC/ST Act) at Puducherry to consider the petitioner's bail application on the same day on his surrender in crime No.4 of 2017 pending on the file of the Inspector of Police, P.R.C. Cell police Station, Puducherry. For Petitioner : Mr. E.Vijay Anand For Respondent : Mr.C.Raghavan Government Advocate(Crl side)

O R D E R

This petition is filed for a direction to the II Additional District & Sessions Judge (Special Judge for SC/ST Act) at Puducherry, to consider the petitioner's bail petition on the same day of his surrender in connection with Crime No.04 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 II Additional District & Sessions Judge (Special Judge for Sc/St Act) at Puducherry,, to consider the petitioner's bail application, preferably on the same day of his surrender in https://hcservices.ecourts.gov.in/hcservices/

connection with Crime No. 04 of 2017 and pass appropriate orders in accordance with law after affording due opportunity to the victim. The petitioner 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.

Sd/- Deputy Registrar //True Copy// Sub Assistant Registrar smn To 1.The II Additional District & Sessions Judge, (Special Judge for SC/ST Act) Puducherry

2. The Inspector of Police, P.R.C. Cell Police Station, Puducherry

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

+1cc to Mr.K.G.Senthil Kumar, Advocate, S.R.No.23176 CRL.O.P.No.9581 of 2018 RRK(28/03/2018) https://hcservices.ecourts.gov.in/hcservices/